All prior and existing non-conforming uses shall be governed by the following rules and regulations.
(A) Any non-conforming building or land use existing at the time of the passage of this chapter may be continued even though such building, structure or land use does not conform with the provisions of this chapter for the district in which it is located. Any such existing non-conforming use may hereafter be extended throughout any part or parts of a building which were manifestly arranged or designed for such use at the time of the passage of this chapter. Any such existing non-conforming land use may be expanded throughout any contiguous land area under the same ownership at the time of the adoption of this chapter except when such non-conforming land use by its expansion enters into an area with a different zoning classification.
(B) No non-conforming use, building, structure or premises, if once changed to conform to the requirements of this chapter for the district in which it is located, shall never be changed back so as to be non-conforming. No non-conforming use which shall have been discontinued for a period exceeding 12 months, shall be resumed or replaced by any other non-conforming use.
(C) Nothing in this chapter shall prevent the restoration of any wall or other portion of a building declared unsafe by an authorized public official.
(D) Whenever any building existing in any of the districts as a non-conformity is condemned by an authorized public official, it cannot be rebuilt for a non-conforming use. If any non-conforming building is destroyed or damaged by any casualty, such building may be repaired or replaced and use continued, providing said reconstruction shall not add to the non-conformity or add to the cubic contents of said building as the same existed at the time of such casualty; and provided further that such repair or reconstruction of such building shall begin within six months after such casualty and completed within a reasonable time thereafter; however, if the damage caused by such casualty is such as to cause a loss in value exceeding 80% of the value immediately prior to such casualty then it cannot be rebuilt for a non-conforming use. The loss in value shall be computed as the difference between the actual cash value of the structure immediately before and after the casualty. Cash value shall be the same as that used for insurance purposes as approved by the State of South Dakota Insurance Code.
(E) The foregoing provision of this section shall apply to buildings, structures, land, or uses, except those buildings, land, or uses which are agricultural in nature which may hereafter become non-conforming by reason of the rezoning of the area in which the same may be situated.
(F) Nothing contained in this statute shall be so construed as to abridge or curtail the powers of the City Zoning Commission as set forth elsewhere in this chapter.
(G) Nothing contained in this section or elsewhere in this chapter shall restrict or prevent remodeling, replacing, or rebuilding a dwelling heretofore erected upon a lot area of less than 6,000 square feet, upon conditions that such remodeling, replacing or rebuilding each dwelling shall be done in such a manner as to not conflict with provisions of this section relating to matters other than lot area any farther than the dwelling now upon said premises so conflicts.
(Prior Code, § 16-5-7)
Statutory reference:
Related provisions, see SDCL Chapter 11-4