9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace

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Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs Ordinance applicable to the building or structure, such building or structure may continue to exist so long as it remains otherwise lawful, subject to compliance with the following provisions: (1) such legally established nonconforming building or structure may not be enlarged, expanded or altered in a way which increases its nonconformity, provided such building or structure maybe altered so as to decrease the extent of nonconformity; (2) should such legally established nonconforming building or structure, or legally established nonconforming portion of a building or structure, be damaged or destroyed by any means to the extent that restoration will exceed fifty (50) percent of the cost of construction of the entire building or structure at the time the damage or destruction is reported, as determined pursuant to Section 21-01.03, ,(k) - Determination of Cost of Construction, below, said building or structure shall not be reconstructed except in conformity with the provisions of this Ordinance; and (3) should such legally established building or structure be moved for any reason for any distance whatsoever, such legally established building or structure shall thereafter conform to the provisions of this Ordinance. (f) Legally Established Nonconforming Uses of Land Where legally established nonconforming uses of land exist on the effective date of this Ordinance which would not be permitted by the provisions of this Ordinance, such uses maybe continued so long as they remain otherwise lawful provided that: (1) such legally established nonconforming uses shall not be enlarged, expanded, increased or extended to occupy a greater area of land than was occupied on the effective date of this Ordinance; (2) such legally established nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on the effective date of this Ordinance; (3) no additional building or structure shall be erected in connection with such legally established nonconforming use of land; and, (4) a legally established nonconforming use may be changed to a less intense use permitted within the same district grouping pursuant to Section 21-01.02 (b,L Order of Districts (i.e., from one use permitted in the various districts of Section 21-03 Commercial /Mixed Use Districts to a less intense use listed within the various districts of Section 21-03 Commercial /Mixed Use Districts; Ord. No.: 9495-04