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) 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.
(B) 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 50% of the replacement 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 Insurance Code.
(C) When a non-conforming use or the use of a non-conforming structure is discontinued for a period of one year, it shall not be continued unless in conformance with the requirements of this chapter and SDCL 17-6-39.
(D) 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 such structure.
(E) No existing non-conforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted or conditional use. This is not to include normal repairs and maintenance, which do not enlarge, move, or structurally alter a non-conforming use.
(F) “Non-Conforming Land Use” shall be deemed to 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.
(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, then application must first be made to the Board of Adjustment for conditional use permit.
(H) Non-standard uses existing immediately prior to the effective date of this chapter may be continued, although such uses do not conform to the provisions hereof. Non-standard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:
(1) Enlargements, extensions, conversions, or structural alterations may be made as required by law or ordinance;
(2) Structural alteration of buildings or structures may otherwise be made if such changes do not further encroach into an existing front yard, side yard, or rear yard which is less than the minimum required yards for the district in which they are located; and
(3) Enlargement, extension, or conversion of buildings or structures may otherwise be made if such changes comply with the minimum required yards, lot area, height, landscaping, parking, and density for the district in which they are located.
(I) Nothing contained in this section shall be so construed as to abridge or curtail the powers of the Planning and Zoning Commission as set forth elsewhere in this chapter.
(Ord. 842, passed 3-14-2022)