[Ord. No. 2470, 11-13-2018]
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.
[Ord. No. 2470, 11-13-2018]
A.
The owner of a non-conforming building or use shall certify by affidavit
to the Community Development Director that his/her building or use
was made non-conforming by the passage of these regulations. On acceptance
of the affidavit, the Community Development Director shall issue a
certificate of occupancy for the non-conforming use or building. Such
certificate shall designate the location, nature and extent of such
non-conformance and any additional data necessary for issuance of
said certificate.
B.
If, upon review of the affidavit, any violation of previous or existing
ordinances or Codes is found, the Community Development Director shall
not issue said certificate of occupancy and shall declare such use
to be in violation of these regulations and shall act accordingly.
C.
Any use not in conformance with these regulations and on which no
certificate of occupancy has been issued shall be presumed in violation
of these zoning regulations and shall be treated accordingly.
[Ord. No. 2470, 11-13-2018]
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. 2470, 11-13-2018]
A.
A non-conforming use may be changed to another similar non-conforming
use where in the opinion of the Board of Zoning Adjustment 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). Such change in use may be permitted only following
formal application for change with the Board of Zoning Adjustment.
Where proper findings are made, the Board of Adjustment may direct
the Community Development Director to issue the necessary permits.
B.
Whenever a non-conforming use has been changed to a conforming use,
it shall not revert to a non-conforming use.
[Ord. No. 2470, 11-13-2018]
A.
Non-conforming buildings may be restored only if destruction by fire,
explosion, act of God or public enemy is fifty percent (50%) or less
of its structural valuation prior to such destruction. (The determination
of such reduced structural valuation shall be made by an appraiser
appointed by the City.)
B.
However, any building whose destruction exceeds ten percent (10%)
but less than fifty percent (50%) of its prior structural valuation
must apply for a building permit for reconstruction within six (6)
months and commence reconstruction within twelve (12) months of destruction.
[Ord. No. 2470, 11-13-2018]
Any non-conforming use of land or building which was caused
by discontinuance or abandonment for a period of one (1) year shall
hereafter conform to the provisions of these regulations. The owner
of said land or building may petition the Planning Commission for
extension of not more than one (1) additional year to the above requirement.
