§ 3-30. Nonconforming use restrictions.

(1)

A nonconforming principal use shall not be expanded to occupy a greater area of land or by intensifying the use, with the following exceptions:

(a)

A single-family dwelling that is a nonconforming use may be enlarged by up to twenty-five (25) percent of the bulk of the building, as it was established when it became nonconforming within the required building setback lines and other dimensional standards for the R-1 and R-2 districts.

(b)

An accessory structure that is incidental to a nonconforming residential use may be enlarged by up to twenty-five (25) percent of the bulk of the building, as it was established when it became nonconforming within the required building setback lines and other dimensional standards for the R-1 and R-2 districts.

(c)

Structural alterations may be made to a building containing two (2) or more lawful nonconforming residential units provided that alterations will improve the livability of the building without increasing the number of units or the exterior size of the structure.

(2)

When a nonconforming principal use has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(3)

Repair, replacement, restoration, maintenance and improvement of a structure containing or related to a nonconforming use are permitted, except as provided in subsection (5) below.

(4)

Whenever a nonconforming principal use of a structure or land is discontinued for a period of more than one (1) year, any future use of the structure or land shall be in conformance with the city code.

(5)

If a structure containing a nonconforming principal use is destroyed by fire or other peril, to the extent of greater than fifty (50) percent of its market value, as determined by the Rice County Assessor and the building official, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged, the use shall not be resumed except in conformance with the city code.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2009-03, § 1, 2-24-09)