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City of Menan
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TITLE 7 LAND DEVELOPMENT AND USE
CHAPTER 3 DISTRICT REGULATIONS
SECTION 7-3-9 NONCONFORMING USES AND BUILDINGS
(A) Purpose: This section describes the status of structures, parcels or uses of land that were lawful prior to the effective date of this Ordinance but which are now prohibited or restricted under this Ordinance.
(B) Continuance: The occupancy of a building or parcel of land by a nonconforming use existing at the effective date of this Ordinance may be continued.
(C) Change of Use: The nonconforming use of a building or land may not be changed except to a conforming use, and where such change is made, the use shall not be changed back to a nonconforming use.
(D) Maintenance and Repairs: Maintenance and repairs necessary to keep nonconforming uses in sound condition shall be permitted.
(E) Expansion or Enlargement: Land area of a nonconforming use shall not be increased by an amount greater than twenty percent (20%) of the acreage occupied by the use on the effective date of this Ordinance. The floor area of a building or structure occupied by a nonconforming use shall not be increased or expanded by an amount greater than twenty percent (20%) of the occupied floor area on the effective date of this Ordinance.
(F) Restoration: A nonconforming structure or a structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity may be restored, provided such restoration begins within one (1) year from the date of destruction and is pursued diligently. Such restoration shall not increase the floor area or land area beyond the limits established in section 7-3-9(E).
(G) Discontinuance: Whenever a nonconforming use of land or building has been discontinued for a period of one (1) year, such use shall not be reestablished and the uses of the premises shall be in conformity with the regulations of the district.
(H) Nonconforming Lots of Record: Except as stated below, any single parcel of land which was on record in the Office of the Recorder of Jefferson County on the effective date of this Ordinance which does not meet the minimum lot area requirements of the district in which it is located may be sold, developed, or leased if all setback and other requirements of this Ordinance are met.