[Ord. No. 2000-46 §1(22-00), 4-10-2000]
It is the intent of this Article to regulate non-conforming
uses of structures and lots and to provide for their gradual elimination.
[Ord. No. 2000-46 §1(22-01), 4-10-2000]
Any lawful use of a structure or lot existing at the time of
adoption of this Chapter may be continued although such use does not
conform to the provisions of this Chapter for so long as it remains
lawful, subject to the provisions of this Article. Provided that no
non-conforming use shall be continued unless the owner shall have
completed a material amount of construction or shall otherwise have
acquired a vested right with respect to the use. Applications for
conditional use permits shall be made to the Board of Adjustment on
forms provided by the Zoning Administrator.
[Ord. No. 2000-46 §1(22-02), 4-10-2000]
The City Council may provide for the termination of non-conforming
uses, either by specifying the period or periods within which they
shall be acquired to cease or by providing a formula whereby compulsory
termination shall be so fixed as to allow a reasonable period for
the recovery of the investment in the non-conforming use.
[Ord. No. 2000-46 §1(22-03), 4-10-2000]
A. The
following conditions shall govern the continuance of non-conforming
uses:
1. Non-conforming use shall not be enlarged, increased, extended or
moved unless the use is changed to one permitted pursuant to the provisions
of this Chapter.
2. Any non-structural repairs and incidental alteration for normal maintenance
may be made. Structural alterations required by law or ordinance shall
be allowed.
3. Any non-conforming use may be extended throughout any parts of the
building which were manifestly arranged or designed for such use at
the time of adoption or amendment of this Chapter, but no such use
shall be extended to occupy any land outside such building.
4. If any non-conforming use ceases for any reason for a period of more
than ninety (90) days, any subsequent use shall conform to the regulation
specified by this Chapter for the district in which the use is located.
5. Upon discontinuance or abandonment of any use for a period of six
(6) consecutive months, no use shall be made except as in conformance
with the regulations of the district within which it is located.
6. No structure which has been destroyed by any means to an extent of
more than fifty percent (50%) of its market value at the time of damage
shall be reconstructed except as in conformity with the regulations
of the district within which it is located.
[Ord. No. 2000-46 §1(22-04), 4-10-2000]
Any non-conforming use may be changed to another non-conforming
use provided that no structural alterations are made and, provided
further, that the prior approval shall be obtained from the Board
of Adjustment. The Board of Adjustment, either by general rule or
by making findings in a specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing non-conforming use, any may require appropriate conditions
and safeguards in accordance with the provisions of this Chapter.