(a)
A
nonconforming status shall exist under the following provisions of
this ordinance:
(1)
When a use or structure which does not conform to the regulations
prescribed in the district in which such use or structure is located
was in existence and lawfully operating prior to the adoption of the
previous zoning ordinance or which was subsequently annexed into the
city and has been operating since without discontinuance.
(2)
When on the effective date of this ordinance, the use or structure
was in existence and lawfully constructed, located and operating in
accordance with the provisions of the previous zoning ordinance or
which was a nonconforming use thereunder, and which use or structure
does not now conform to the regulations herein prescribed for the
district in which such site use or structure is located.
(b)
Pursuant to the provisions of section 14-15-1(d)(2)(A), a nonconforming building may be expanded within the limits of the lot or tract upon which such nonconforming use or building was located as the lot or tract existed prior to the effective date of this ordinance, except that off-street parking space located off the lot or tract on which the nonconforming use is located but within two hundred (200) feet of such lot or tract may be approved by the board of adjustment subject to any specific conditions and restrictions which the board of adjustment may prescribe in their action.
(c)
Any
nonconforming use may be changed to a conforming use and once such
change is made, the use shall not thereafter be changed back to a
nonconforming use.
(d)
A
change of occupancy from one nonconforming use to another nonconforming
use may be made by securing a certificate of occupancy provided such
change is to a use permitted in a zoning district where the original
nonconforming use would be permitted or provided that such use change
is to a use permitted in a more restrictive classification provided
further that such change of use and occupancy will not tend to prolong
the life of a nonconforming structure.
(e)
Where
a conforming use is located in a nonconforming structure, the use
may be changed to another conforming use by securing a certificate
of occupancy.
(f)
Whenever
a nonconforming use is abandoned, all nonconforming rights shall cease
and the use of the premises shall henceforth be in conformance to
this ordinance. Abandonment shall involve the intent of the user or
owner to discontinue a nonconforming operation and the actual act
of discontinuance. Any nonconforming use which is discontinued for,
or which remains vacant for a period of six (6) months, shall be considered
to have been abandoned.
(g)
If
a nonconforming structure or a structure occupied by a nonconforming
use is destroyed by fire, the elements or other cause, it may not
be rebuilt except to conform to the provisions of this ordinance.
In the case of partial destruction of a nonconforming use not exceeding
sixty (60) percent of its reasonable value, reconstruction may be
permitted after a hearing and favorable action by the board of adjustment,
but the size and function of the nonconforming use shall not be expanded.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
