[Amended by Ord. No. 4-10-78D; by Ord. No. 4-10-89E]
69.54.1.
The lawful use of a building existing at the time of the effective
date of this Ordinance may be continued to the same use although such
use does not conform to the provisions hereof or may be changed to
a conforming use. Any change in use of a nonconforming principal or
accessory use to a different nonconforming use is permitted only if
in accordance with the provisions specified in section on Change in
Use of Nonconforming Use in the Conditional Uses Article. The change
in a permitted use where the number of parking spaces is legally nonconforming
to another permitted use without meeting the parking requirements
shall be deemed a change of the nonconforming use subject to the requirements
of this section. Whenever the use of a building or lot becomes nonconforming
through a change in the Zoning Ordinance or district boundaries, such
use may be continued, and it may be changed to another nonconforming
use in accordance with the provisions specified in section on Change
in Use of a Nonconforming Use. If a nonconforming use is sold, or
if there is a change in tenancy, the new owner or tenant may continue
the current use upon transfer of the occupancy permit to the new owner
or tenant, but may not change to another nonconforming use except
in accordance with the provisions of section on Change in Use of a
Nonconforming Use. The Zoning Officer may require the new owner or
tenant to submit reasonable documentation proving the use is a continuation.
[Amended by Ord. No. 4-10-78D]
69.55.1.
Whenever a nonconforming use of a building or structure or part
thereof has been discontinued for a period of 12 consecutive months,
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. Where no enclosed building is involved,
discontinuance of a nonconforming use for a period of six months shall
constitute abandonment, and any new use must be in conformity.
[Amended by Ord. No. 4-10-78D]
69.56.1.
Any building or premises devoted to a use not permitted in the
district in which it is located, may be enlarged, extended or altered
so long as the enlarged building does not exceed by more than 25%
the established gross floor area of the original nonconforming use.
Nonconforming setbacks shall not be further extended.
[Amended 9-13-1999 by Ord. No. 9-13-99B]
[Amended by Ord. No. 4-10-78D]
69.57.1.
Any building or structure containing a nonconforming use which
is damaged by fire, flood, wind or other act of God shall be allowed
to be repaired or reconstructed to the extent of the original building
size and location.
69.58.1.
No building or structure designed or intended to be utilized
for a nonconforming use shall be constructed or allowed unless construction
is already underway at the time of the enactment or subsequent amendment
of this Ordinance and is being diligently prosecuted so that such
building or structure will be completed within 18 months from the
time of the enactment or subsequent amendment of this Ordinance. All
outstanding building permits for construction, which do not meet these
requirements are hereby rendered null and void.
69.59.1.
The provisions of this article shall not apply to any building
or structure which is designated by the Planning Commission, with
concurrence of Council, to be a historical landmark.
[Added 9-12-2022 by Ord. No. 9-12-22]
69.59A.1.
Continuation of nonconforming signs. Subject to the limitations
and termination provisions hereinafter set forth, any lawfully existing
nonconforming sign may be continued so long as it otherwise remains
lawful after the effective date of this chapter:
1.
Alteration or moving. A nonconforming sign of any type may not be
moved to another position or location upon the building, structure,
or lot on which it is located, nor may the size or area of such nonconforming
sign be changed, or its structure or construction changed unless such
changes are to change the face of the sign.
2.
Damage, destruction, or replacement. Whenever any nonconforming sign
has been damaged or destroyed by any means to the extent of 50% of
its market value at the time of destruction or damage, such sign shall
not be restored or replaced, unless it conforms to all provisions
of this chapter. Damage only to the face of a sign shall not be construed
to constitute 50% of its market value, and the sign face may be replaced.
3.
Abandonment. If use of a nonconforming sign is abandoned or interrupted
for a continuous period of more than 180 days, then such nonconforming
sign together with its panel cabinet, supports, braces, anchors, and
electrical equipment shall be removed within 14 days from the end
of the aforesaid period and the use of such sign shall not be resumed
except in accordance with the provisions of this chapter.
4.
Health, safety, and welfare. If any sign or supporting structure subject to the regulation of the provisions of this chapter constitutes a threat to health, safety, or welfare of the area surrounding said sign or has been constructed, installed, or maintained in violation of any provision of this chapter, the Zoning Officer shall give written notice to the person or entity who owns or is maintaining such sign. The owner or entity maintaining such sign shall make the repairs as outlined in Subsection 1.2 above.
69.59A.2.
Reserved.
69.59A.3.
Reserved.
69.59A.4.
Signs which were nonconforming to the prior Zoning Ordinance,
and which do not conform to this chapter must be removed immediately.
69.59A.5.
Any sign which is altered, relocated, replaced, or must be brought
immediately into compliance with all provisions of this chapter. Compliance
shall mean permitted sign type, height, area, illumination, setbacks,
and any other regulations contained within this section.
