The lawful use of signs and billboards, which does not conform
to the provisions of this chapter, shall be discontinued within two
years from the date of the approval of the ordinance codified in this
chapter, and the use of signs and billboards which become nonconforming
by reason of a subsequent change in this chapter shall also be discontinued
within two years from the date of the change.
Where, at the effective date of adoption of the ordinance codified
in this chapter, lawful use of land exists that is made no longer
permissible under the terms of this chapter, such use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied by such use at
the effective date of adoption of the ordinance codified in this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption of the ordinance codified in this chapter.
C.
If such nonconforming use of land ceases for any reason for a period
of one year or more, any subsequent use of such land shall conform
to the regulations specified by this chapter for the district in which
such land is located.
Where a lawful structure, other than a sign or billboard, exists
at the effective date of adoption of the ordinance codified in this
chapter that could not be built under terms of this chapter by reason
of restrictions on area, lot coverage, height, yards or other characteristics
of the structure or its location on the lot, such structure may be
continued, so long as it remains otherwise lawful, subject to the
following provisions:
A.
No such structure may be enlarged or altered in a way which increases
its nonconformity.
B.
Should such structure be destroyed by any means to an extent of more
than 50% of its replacement cost at the time of destruction, then
it shall not be reconstructed except in conformity with the provisions
of this chapter. A building designed for a nonconforming use, however,
may be constructed or altered beyond the limitations provided in this
chapter by action of the Board of Appeals, after public hearing, as
required by law in the case of variances.
If a lawful use of a structure, or of structure and premises
in combination, exists at the effective date of adoption of the ordinance
codified in this chapter, that would not be allowed in the district
under the terms of this chapter, the lawful use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district
in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of the ordinance codified in this chapter,
but no such use shall be extended to occupy any land outside such
building.
C.
If a nonconforming use has been discontinued for a period of one
year or more, it shall not be reestablished, unless the nonconforming
use was in a building designed, arranged and intended for such use.
D.
Any structure, or structure and land in combination, on which or
in which a nonconforming use is superseded by a permitted use shall
thereafter conform to the regulations for the district in which such
structure is located, and the nonconforming use may not thereafter
be resumed.
E.
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months,
the structure, or structures and premises in combination, shall not
thereafter be used except in conformance with the regulations of the
district in which it is located.
F.
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
A.
Once changed to a conforming use, no building or land shall be permitted
to revert to a nonconforming use. A nonconforming use shall not be
substituted or added to another nonconforming use.
A.
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing, to an extent not exceeding 10% of the current
replacement value of the building; provided that the cubical content
of the building as it existed at the time of passage or amendment
of the ordinance codified in this chapter shall not be increased.
B.
Nothing in this article shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any City official charged with protecting the public
safety, upon order of such official.
Any use for which a special exception is permitted as provided
in this chapter shall not be deemed a nonconforming use, but shall,
without further action, be deemed a conforming use in such district.
[Added 5-20-2013 by Ord.
No. 944]
Where a residence is currently existing in a nonresidential
zoning district as of January 1, 2013, such residence may continue
as a nonconforming use in the same manner as if the residence was
located in a properly zoned district and such residence may be continued
in its present state with the ability of the current owner to sell,
transfer or otherwise convey such residence to a new owner, notwithstanding
any other provisions of this chapter regarding nonconforming uses.
A mobile home is not to be included in the definition of a residence.
