A nonconforming building or structure existing at the time of
adoption of the ordinance from which this article is derived may be
continued and maintained except as otherwise provided in this division.
(2002 Code, sec. 54-261)
A nonconforming building or structure shall not be added to
or enlarged in any manner unless the building or structure, including
additions and enlargements, is made to conform to all of the regulations
of the district in which it is located; provided, however, that if
a building or structure is conforming as to use, but nonconforming
as to yards or height or off-street parking space, the building or
structure may be enlarged or added to, provided that the enlargement
or addition complies with the yard or height requirements and the
existing building and the addition complies with the off-street parking
requirements of the district in which the building or structure is
located. No nonconforming building or structure shall be moved in
whole or in part to another location on the lot unless every portion
of the building or structure is made to conform to all of the regulations
of the district in which it is located.
(2002 Code, sec. 54-262)
Any advertising sign, billboard, commercial advertising structure,
or statuary, which is lawfully existing and maintained at the effective
date of the ordinance from which this article is derived, which does
not conform with the provisions hereof, shall not be structurally
altered, and all such nonconforming advertising signs, billboards,
commercial advertising structures and statuary and their supporting
members shall be completely removed from the premises no later than
three years from the effective date of the ordinance from which this
article is derived.
(2002 Code, sec. 54-263)
A nonconforming building, structure or portion thereof, which
is or hereafter becomes vacant and remains unoccupied for a continuous
period of one year shall not thereafter be occupied except by a use
which conforms to the use regulations of the district in which it
is located.
(2002 Code, sec. 54-264)
(a)
A nonconforming use of a conforming building or structure (i.e.,
commercial use of a dwelling, etc.) shall not be expanded or extended
into any other portion of such conforming building or structure nor
changed except to a conforming use. If such a nonconforming use of
a portion thereof is discontinued or changed to a conforming use,
any future use of such building, structure, or portion thereof shall
be in conformity with the regulations of the district in which such
building or structure is located. A vacant or partially vacant nonconforming
building or structure may be occupied by a use for which the building
or structure was designed or intended if occupied within a period
of one year after the effective date of the ordinance from which this
article was derived.
(b)
The use of a nonconforming building or structure may be changed to
a use of the same or a more restricted district classification, but
where the use of a nonconforming building or structure is changed
to a use of a more restricted district classification, it thereafter
shall not be changed to a use of a less restricted district classification.
(c)
A building or structure that is nonconforming as to use at the time
of adoption of the ordinance from which this article is derived, or
at any time thereafter, shall not be converted to or in any manner
used as a wholesale or retail liquor store unless such change in use
conforms to the provisions of the district in which it is located.
(2002 Code, sec. 54-265)
When a building, the use of which does not conform to the provisions
of this article, is damaged by fire, explosion, act of God, or the
public enemy, to the extent of more than 50 percent of its true value,
it shall not be restored except in conformity with the district regulations.
However, when a building is permitted to be restored under this section,
the requirements of these regulations of the city requiring right-of-way
dedications, egress and ingress improvements, and all other requirements
pertaining to improvements on public rights-of-way shall be complied
with prior to restoration of the building.
(2002 Code, sec. 54-266)
A nonconforming use of land, where the aggregate value of all
permanent buildings or structures is less than $1,000.00, existing
at the time of adoption of the ordinance from which this article is
derived, may be continued for a period of not more than three years
therefrom, provided that:
(1)
The nonconforming use may not be extended or expanded; and
(2)
If the nonconforming use of any portion thereof is discontinued for
a period of three months, or changed, any future use of such land,
or change in use, shall be in conformity with the provisions of the
district in which the land is located.
(2002 Code, sec. 54-267)
