(a)
Within the districts established by this article or amendments hereto,
there exist lots, structures, uses of land and structures, and characteristics
of use which were lawful before this article was enacted, amended
or otherwise made applicable to such lots, structures or uses, but
which do not conform to the regulations of the district in which it
is located. It is the intent of this division to permit such nonconforming
uses to continue, under regulations herein contained, until the same
are removed, but not to encourage their survival.
(b)
It is further the intent of this division that nonconforming uses
shall not be enlarged upon, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
(c)
Nonconforming uses are hereby declared to be incompatible with the
permitted uses in the districts involved.
(2005 Code, sec. 17.12.01)
Except as herein provided, no nonconforming use of land or buildings
nor any nonconforming structure shall be enlarged, changed, altered
or repaired except in conformity with the regulations contained in
this division.
(2005 Code, sec. 17.12.02)
Any use or structure which does not conform with the regulations
of the zoning district in which it is located shall be deemed a nonconforming
use when it possesses any of the following characteristics.
(1)
Such use or structure was in existence and lawfully operating on
November 12, 1973, and has since been in regular and continuous use.
(2)
Such use or structure is a lawful and conforming use at the time
of the adoption of any amendment to this article but by such amendment
is placed in a district wherein such use is not otherwise permitted.
(3)
Such use or structure was in existence at the time of annexation
to the city and has since been in regular and continuous use.
(2005 Code, sec. 17.12.03)
(a)
A nonconforming use is a lawful use of land, although such does not
conform to the provisions hereof, and may be continued; but if said
nonconforming use is discontinued, any future use of said premises
shall be in conformity with the provisions of this article.
(b)
A legal nonconforming use, when discontinued or abandoned, shall
not be resumed. Discontinuance or abandonment shall be defined as
follows:
(c)
Abandonment of a nonconforming use shall be determined by the intent
of the user or owner to discontinue a nonconforming operation and
the actual act of discontinuance, as the facts are found to be by
the board of adjustment.
(2005 Code, sec. 17.12.04)
(a)
A nonconforming use of a building may be changed to another nonconforming
use of the same or more restrictive classification, after approval
by the board of adjustment; provided, that when a nonconforming use
is changed to a conforming use of a higher or more restrictive classification,
it shall not later be reverted to the former, less restrictive classification.
(b)
No nonconforming use shall be changed to another nonconforming use
which requires more off-street parking spaces or off-street loading
space than the original nonconforming use unless additional off-street
parking and loading space is provided so as to comply with the requirements
of division 9 of this article.
(2005 Code, sec. 17.12.05)
Nothing in this division shall be taken to prevent restoration
of a building destroyed to the extent of not more than fifty percent
(50%) of its reasonable value by fire, explosion, or other casualty
or act of God, or a public enemy, nor the continued occupancy or use
of such building or part thereof which existed at the time of such
partial destruction.
(2005 Code, sec. 17.12.06)
The right to operate a nonconforming use shall cease and such
use shall be terminated under any of the following circumstances:
(1)
When such use is abandoned, as hereinabove provided.
(2)
When any provision of this or any other ordinance of the city is
violated with respect to a nonconforming use.
(3)
When a nonconforming use is changed to a conforming use by rezoning.
(2005 Code, sec. 17.12.07)
The operator, owner, or occupant of any nonconforming use of
land or buildings shall, within six (6) months after the date of this
amendment (of [if] nonconforming on such date) or within six (6) months
after having been rendered nonconforming by any subsequent amendment
hereto, register such nonconforming [use] by obtaining from the zoning
enforcement authority of the city a certificate of occupancy bearing
the designation “Nonconforming,” even though a previous
certificate of occupancy may have been issued. Such certificate (nonconforming)
shall be considered as evidence of the legal existence of a nonconforming
use, as contrasted with an illegal use or violation of this article.
The enforcement authority shall maintain a register of all certificates
of occupancy issued for nonconforming uses and shall, on written request
and payment of fee, issue a duplicate certificate to anyone having
a proprietary interest in the property in question. A nonconforming
structure need not be registered.
(2005 Code, sec. 17.12.08)
