[Amended 9-25-1995 by Ord. No. 602]
A.
Any building, structure or premises lawfully existing at the time of the adoption of this chapter or lawfully existing at the time this chapter is subsequently amended may continue to be used even though such building, structure or premises does not conform to uses, dimensions or other requirements of the zone in which it is located, subject to the provisions of §§ 164-136 and 164-137.
B.
An existing use or building located in a zone in which
such use or building is classified herein as a special exception may
continue as though it were an authorized special exception but may
not be changed or enlarged without further authorization as for a
new special exception by the Board.
C.
In the C-B Central Business Zone, a special exception
granted by the Board of Appeals on or before May 15, 1995, but which
has subsequently been eliminated as a special exception use in that
Zone, shall not be regarded as a nonconforming special exception and
may be continued, repaired, reconstructed, structurally altered, extended
or enlarged in accordance with all City approvals.
D.
In the C-B Central Business Zone, any permitted use
which was lawfully existing prior to May 15, 1995, but which has subsequently
been eliminated as a permitted use in that Zone, shall not be regarded
as a nonconforming use and may be continued, repaired, reconstructed,
structurally altered, extended or enlarged in accordance with all
City approvals.
No existing building or premises devoted to
a use not permitted by this chapter in the zone in which such building
or premises is located shall be enlarged, extended, substituted or
structurally altered, unless the use thereof is changed to a use permitted
in the district in which such building or premises is located, except
as follows:
A.
A nonconforming use may be extended throughout those
parts of a building or structure which were specifically designed
or constructed for such use prior to the adoption of this chapter
and which parts were either completed or substantially completed,
structurally, at the time of adoption of this chapter.
B.
If no structural alterations are made, the Board may
approve the changing of a nonconforming use of a building, structure
or premises to another nonconforming use if the Board finds that such
new nonconforming use is of the same or more appropriate use or more
restrictive use. However, no building or premises in which a nonconforming
use has been changed, in whole or in part, to a more restricted use
shall again be devoted to a less restrictive use.
A.
Except as provided in Subsection C below, no building, structure or premises where a nonconforming use has ceased to operate for six months or more shall thereafter be used except in conformance with this Zoning Ordinance.
[Amended 9-24-2007 by Ord. No. 771]
B.
Nothing in these regulations shall prevent the restoration
of a nonconforming building or structure destroyed by fire, windstorm,
flood, explosion or act of the public enemy or accident or prevent
the continuance of the use thereof as it existed at the time of such
destruction, provided that a zoning certificate is obtained and restoration
begun within one year of such destruction. The Zoning Administrator
may, upon application of a property owner and upon a finding of good
cause, extend the period of time for obtaining a zoning certificate
and beginning restoration under this subsection for an additional
one-year period.
C.
Any main
building which was specifically designed and constructed before November
6, 1979, for a use not permitted by this chapter in the zone in which
such building is located shall not be deemed to have lost its nonconforming
status unless the nonconforming use of the building shall have ceased
for 48 consecutive months or more.
[Added 9-24-2007 by Ord. No. 771]
