A.
The lawful nonconforming use of land existing at the time of original
adoption of this chapter may be continued although the use does not
conform with the provisions of this chapter. However, only that portion
of the land in actual use may be so continued.
B.
When a use district is changed, any existing, nonconforming use in
such changed district may be continued or changed to a use permitted
in the same use district as that in which the existing use is permitted,
provided all other regulations governing the new use are complied
with.
C.
Substitution of new equipment may be permitted by the Zoning Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use with the neighboring uses.
[Amended 6-12-2006]
A.
The lawful nonconforming use of a structure or water existing at
the time of the adoption or amendment of this chapter may be continued
although the use of the structure does not conform with the provisions
of this chapter.
B.
The structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered, subject to § 480-44C, except when required to do so by law or order so as to comply with the provisions of this chapter.
C.
The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter 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 chapter; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered, subject to § 480-44C, except when required to do so by law or order so as to comply with the provisions of this chapter.
[Amended 6-12-2006]
A.
Discontinuance. If the nonconforming use of a building or premises
is discontinued for 12 months, any future use of the building or premises
shall conform to the regulations for the district in which it is located.
A reasonable interim between tenants or occupants shall not be construed
to mean discontinuance.
B.
Extensive repair must be in conformance. Subject to Subsection C, at such time as structural repairs, reconstruction or alterations are made to nonconforming structures or premises, which repairs or alterations exceed 50% of the equalized assessed value of such structures or premises as established by the City Assessor, such structures or premises will be required to conform to the use restrictions of this chapter.
C.
Restoration of certain nonconforming structures.
(1)
Restoration of certain structures. The restrictions contained in this section applicable to damaged or destroyed nonconforming structures do not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to Subsection C(2), location and use that it had immediately before the damage or destruction occurred, nor shall the limitations of this section concerning the costs of repair, reconstruction or improvement pertain to such structure if all of the following apply:
(2)
Size restrictions. The size of a structure to which this subsection
applies may be larger than the size it was immediately before the
damage or destruction if necessary for the structure to comply with
applicable state or federal requirements.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Zoning Board of Appeals has permitted the substitution of a more
restrictive nonconforming use for an existing nonconforming use, the
substituted use shall lose its status as a legal nonconforming use
and become subject to all the conditions required by the Zoning Board
of Appeals.
A vacant lot which does not contain sufficient area to conform
to the dimensional requirements of this chapter but which is at least
50 feet wide and 5,000 square feet in area may be used as a single-family
building site, provided that the use is permitted in the zoning district,
providing the lot is on record in the appropriate county register
of deeds office prior to the effective date or amendment of this chapter.
If two or more substandard vacant lots with continuous frontage have
the same ownership as of the effective date of this chapter, the lots
involved shall be considered to be an individual parcel for the purposes
of this chapter. If one of the substandard lots with continuous frontage
under the same ownership as of the effective date of this chapter
is an improved lot, then such lot shall nevertheless be considered
an individual parcel for the purpose of this chapter.
