[Ord. No. 183, 6-18-1979]
Any lawful use of land or a building existing at the date of passage of these regulations and located in a district in which it is not permitted under these regulations is hereby declared a non-conforming use and not in violation of these regulations; provided, however, such non-conforming use shall be subject to the regulations in this article.[1]
[1]
Editor's Note: Former Article 35, Section 20, Certificate of Occupancy, which immediately followed this Section, was noted as deleted in the 2012 City Code.
[Ord. No. 183, 6-18-1979]
Any use of land in legal existence prior to passage of these regulations may continue as to its specific use at the time of passage. (Note: This shall not limit any other authority of the City in controlling or abating nuisances, hazards, or infringement on public well being.
[Ord. No. 183, 6-18-1979]
A. 
A non-conforming use may be changed to another similar non-conforming use where in the opinion of the Zoning Board of Appeals such new use will:
1. 
Not extend the life of a non-conforming use.
2. 
Reduce traffic, sound, odor, smoke, or number of employees.
3. 
Not include structural alteration or expansion.
4. 
Improve the character and value of surrounding property (without probable rezoning).
B. 
Any lot platted at the time of passage of this Chapter shall be considered in conformance with the regulations of the zoning ordinance as they pertain to Article VIII and Attachment 2 to this Chapter 405. With regard to dimensional limitations or requirements, see "Minimum Lot Area," "Minimum Lot Width" and "Minimum Lot Depth."
[Ord. No. 183, 6-18-1979]
A non-conforming use in a building designed for a use permitted in the district may be continued for a period of five (5) years from the date of adoption of this Chapter or any amendment which causes the use to become non-conforming. However, the provisions of this Section shall not apply to any residential use of any building.
[Ord. No. 183, 6-18-1979]
A. 
A non-conforming use may be changed to another similar non-conforming use following application for and issuance of a permit to do so.
1. 
Such permit shall be applied for through the Board of Adjustment. Said Board shall review request and establish similarity on the basis of traffic generation, sound, odor, smoke, number of employees, type of product sold, produced or services offered or any other factor deemed pertinent by said Board. Provided, further, that no structural change is made in the building; if the Board of Adjustment established similarity, they shall direct the Zoning Administrator and shall issue the necessary permit.
B. 
Whenever a non-conforming use has been changed to a conforming use, it shall not revert back to a non-conforming use.
[Ord. No. 183, 6-18-1979]
A. 
A non-conforming use of land or building may be increased in area but only after approval by the Board of Adjustment.
B. 
Such approval is subject to the following limitations:
1. 
The area utilized may not be increased by more than 25% of that which is existing.
2. 
No structural alterations or changes may be made.
3. 
Off-street parking requirements for the use must be met and must be abutting to the use unless ordinarily permitted in the district by these zoning regulations.
4. 
Any increase of smoke, sound, vibration, odor, heat, glare or light, traffic (other than normal employee traffic), outside storage shall not be permitted.
[Ord. No. 183, 6-18-1979]
A. 
Non-conforming buildings may be restored only if destruction by fire, explosion, act of God, or public enemy is less than forty percent (40%) of assessed valuation prior to such destruction. The determination of such reduced assessed valuation shall be made by the County Assessor.
B. 
However, any building whose destruction exceed ten percent (10%) but less than forty percent (40%) of its prior assessed valuation, must apply for a building permit for reconstruction within six (6) months and commence reconstruction within twelve (12) months of destruction.
C. 
In lieu of such reconstruction by non-conforming use shall be considered abandoned and such building shall be permitted to be reconstructed as a permitted use only.
[Ord. No. 183, 6-18-1979]
A. 
Any non-conforming use of land or building which has ceased by discontinuance or abandonment for a period of one (1) year shall thereafter conform to the provisions of these regulations.
B. 
Any non-conforming use of land occupied by a mobile home at the time of passage of this Chapter shall conform to the provisions of these regulations after said land is not occupied by a mobile home for a period of thirty (30) consecutive days or more.