[Ord. No. 11-2I Art. VII, 8-19-2002; Ord.
No. 11-2I 100 §1 – 2, 3-24-2014]
A.
The lawful use of a building, structure, or land existing at the
time of the effective date of this Zoning Ordinance may be continued,
although such use does not conform to the provisions of this Chapter
or Title. A non-conforming use of a building, structure, or land may
be changed to another non-conforming use of the same classification,
if no structural alterations are made. Where a non-conforming use
has been changed to a different use or a use with more restrictive
standards or to a conforming use, such use shall not thereafter be
changed back to a non-conforming use.
B.
Where the use of a building becomes non-conforming through a change
in zoning requirements or district boundaries, such use may be continued,
and if no structural alterations are made, it may be changed to another
non-conforming use of the same or of a classification with more restrictive
standards in accordance with this Title.
C.
Where a non-conforming use of a building or structure, or part thereof,
has been discontinued for a period of twelve (12) consecutive months,
or for a continuous period of eighteen (18) months if the building
was originally designed and constructed for a non-residential use,
such use shall not, after being discontinued or abandoned, be reestablished,
and the use of the premises thereafter shall be in conformity with
the regulations of the district in which it is located.
D.
Where no enclosed building is involved, discontinuance of a non-conforming
use for a period of six (6) months shall constitute abandonment.
E.
No existing building, structure, or premises devoted to a use not
permitted in the district in which such building or premises is located,
except when required by law or order, shall be enlarged, extended,
reconstructed, or structurally altered, unless such use is changed
in accordance with this Title to a use permitted in the district in
which such building, structure, or premises is located.
F.
Any building or structure containing a non-conforming use which is damaged by fire, wind, earthquake, or other force of nature or man to the extent of seventy-five percent (75%) or more of its fair market value immediately prior to damage shall not be repaired or reconstructed except in conformity with the provisions of this Title except as permitted by Subsection (G).
G.
Notwithstanding the requirements of Subsection (F) above, any non-conforming building which is damaged by fire, wind, earthquake, or other force of nature shall be permitted to be repaired or reconstructed in accordance with the following:
1.
The process of reconstruction or repairs must be diligently
prosecuted within one hundred eighty (180) days of the damage or loss
of said building.
2.
A building permit shall be required prior to repairs or reconstruction.
3.
The foundation system of said building shall be verified by
the Building Official in accordance with Title V.
4.
The provisions of this Subsection may not cause a conflict with
a visibility or traffic standard of this Code.
5.
Notwithstanding the requirements of Section 405.070, any encroachment over a property line shall not be permitted.
6.
Notwithstanding the requirements of Section 405.340, any encroachment into a recorded public utility, drainage, or sidewalk easement shall not be permitted.
7.
The provisions of this Subsection may be revoked by the City
Council or Board of Adjustment for just cause.
H.
No building or structure designed or intended to be utilized for
a non-conforming use shall be constructed or allowed unless construction
is already underway at the time of the enactment of this Chapter,
or any subsequent amendment thereto, and is being diligently prosecuted
so that such building or structure will be completed within eighteen
(18) months from the time of the enactment of this Chapter, or any
subsequent amendment thereto. All outstanding building permits for
construction which do not meet these requirements shall be rendered
null and void by the enactment of this Chapter, or any subsequent
amendment thereto.
