§ 39-74. Nonconformity other than use.

(a)

The foregoing provisions of this article are intended to apply only to nonconforming uses, and are not intended to apply to uses permitted in the zoning district in which they are located in existing nonconforming buildings and structures. Nonconforming buildings and structures shall mean buildings and structures, and their plots, which do not conform to this code insofar as height, yards, plot size, plot area, coverage, separation, or other similar dimensional requirements or amount of off-street parking. Any additions, extensions, or alterations to such existing nonconforming buildings or structures shall comply with all applicable provisions of this code. In the event any such nonconforming building or structure is damaged or destroyed by fire, flood, explosion, collapse, wind, war, or other catastrophe, such building or structure may be reconstructed with the same dimensional requirements and amount of off-street parking as the original building or structure, provided there is no change of use, as defined in Subsection 39-215(d), "Off-street parking required."

(b)

If the occupancy of a building, or part thereof, by any nonresidential use permitted in the zoning district in which it is located, but which does not comply with this code insofar as dimensional requirements, separations or amount of off-street parking, ceases for any reason for a period of six (6) months, such use shall not thereafter be permitted to occupy the building, or part thereof, unless the building, or part thereof, and plot thereon are in full compliance with this Code.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00; Ord. No. 2013-04, § 2, 2-12-13)