A lawful use or structure existing at the time this chapter is adopted or amended may continue even though such use does not conform to the district regulations subject to the following provisions.
(A) If no structural alterations are made, a non-conforming use or structure may be changed to another non-conforming use or structure of the same or more restricted zoning district.
(B) Whenever a non-conforming use or structure has been changed to a conforming use, it shall not be changed back to a non-conforming use.
(C) If any non-conforming building is destroyed or damaged by any casualty, such building may be repaired or replaced and use continued provided 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 50% of the replacement value immediately prior to such casualty, 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’s Insurance Code, being SDCL Title 58.
(D) When a non-conforming use or structure is discontinued for a period of one year, it shall not be continued unless in conformance with the requirements of this section and SDCL § 9-6-39.
(E) Any non-conforming use may be extended throughout any part of a structure which was arranged or designed for such use previous to the adoption of this chapter but shall not be extended outside each structure.
(F) No existing non-conforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use. This is not to include normal repairs and maintenance which do not enlarge, move, or structurally alter a non-conforming use.
(G) Type I and type II manufactured homes located upon any lot or lots of record at the time of the adoption of this chapter may be replaced by type I and/or type II manufactured homes of like dimensions, and said replacement shall not be deemed to have changed the use thereof from a non- conforming to a conforming use. If a replacement type I and/or type II manufactured home is of larger dimension than the existing type I and/or type II manufactured home, the application must first be made to the City Planning and Zoning Commission for special permit.
(H) NON-CONFORMING LAND USE shall include non-conforming manufactured home courts existing at the time of the adoption of this chapter, and the substitution or replacement of type I and type II manufactured homes to said manufactured home court shall not be deemed to have changed the use thereof from a non-conforming to a conforming use.
(I) Nothing contained in this section shall be so construed as to abridge or curtail the powers of the City Planning and Zoning Commission as set forth elsewhere in this chapter.
(Ord. passed - - 2006)
Statutory reference:
Related provisions, see SDCL § 9-6-39