[9-18-2001; 2016 Code]
Continuation. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this title may be continued, although the use does not conform with the provisions of this title, provided, however:
Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required by law or order or so as to comply with the provisions of this title.
The total lifetime structural repairs or alterations shall not exceed 50 percent of the assessed value of the structure when it becomes a nonconforming use unless it is permanently changed to conform to the use provisions of this title.
Substitution of new equipment may be permitted by the council if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
Abolishment or replacement of nonconforming use. If a nonconforming use is discontinued or terminated for 12 months, any future use of the structure, land or water shall conform to the provisions of this title. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 60 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this title. From the date of adoption of this chapter a current file of all nonconforming uses discovered shall be maintained by the zoning administrator, listing the following:
Approved changes to nonconforming uses. A structure, land or water existing at the time of the adoption or amendment of this title, the use of which was nonconforming at the time of the adoption or amendment of this title, which was changed following action by the plan commission approving such change, shall for all purposes be considered, as of the date of such change, to be a lawful nonconforming use under this title.
[2-15-2000; 2016 Code]
Any lawful nonconforming structure existing at the time of the adoption or amendment of this title may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this title. However, any such nonconforming structure shall not be extended, enlarged, reconstructed, moved or structurally altered except when required by law or order or so as to comply with the provisions of this title.
Notwithstanding subsection (A) of this section, a lawful nonconforming structure may be extended or enlarged where:
The structure's nonconformance with the provisions of this title is limited to nonconformance with the applicable regulations governing the depth of front yards, width of side yards, or depth of rear yards; and
The extension or enlargement of the structure does not substantially alter that part of the structure that existed immediately before such extension or enlargement; and
The total lifetime extensions or enlargements do not increase the size of the structure by more than 50 percent of the size when it became a nonconforming use; and
The extension or enlargement of the structure does not further violate any other regulations established by this code.
[10-21-1986; 2016 Code]
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the council has permitted the substitution of a more restrictive nonconforming use for a nonconforming use, the less restrictive use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the council.
[10-21-1986; 2016 Code]
In any residential district, structures may be erected on any lot which was a legal lot of record before April 20, 1976, provided that the area, the width and the depth of such lot shall be no less than 80 percent of the required minimum set forth in section 5-3-3 of this title.