Any use of land or structures lawfully existing on the effective
date of this Ordinance, that is not allowed in the district in which
the use is located or any use or structure which becomes nonconforming
as a result of an amendment to this Ordinance may be continued, subject
to the following conditions.
(A) No nonconforming
use of land shall be extended to occupy a greater area of land that
[than] was occupied at the effective date of adoption or amendment
of this Ordinance.
(B) No nonconforming
use of land shall be moved in whole or in part to any portion of the
lot or parcel other than that occupied by the use at the effective
date of adoption or amendment of this Ordinance.
(C) No existing
structure devoted to a use not allowed by this Ordinance in the district
in which it is located shall be enlarged, extended, constructed, reconstructed,
moved or structurally altered, except for routine repairs or in changing
the use of the structure to a use allowed in the district in which
it is located.
(D) Any nonconforming
use may be extended throughout any parts of a building, which were
manifestly arranged or designed for the use at the time of adoption
or amendment of this Ordinance, but no use shall be extended to occupy
any land outside the building.
(E) Any structure,
or structure and land in combination, in or in which a nonconforming
use is superseded by an allowed use, shall thereafter conform to the
regulations for the district, and the nonconforming use may not thereafter
be resumed.
(F) Where
nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming
use status of the land. Thereafter, the land must be used in compliance
with the rules established in this Ordinance governing the district
in which the land is located. Destruction for the purpose of this
Ordinance is defined as damage to an extent of more than 50% of the
replacement cost at time of destruction.
(G) The Council,
after notice and hearing, may require that a nonconforming use be
screened from view of the street or surrounding property, or may require
the elimination of any nuisance caused by a nonconforming use.
(H) When
nonconforming structures or land have ceased to be used for any nonconforming
use for more than six (6) full calendar months, whether with intent
to abandon such use or not, the nonconforming use shall not thereafter
be made of such structures or land.
(I) Exception.
Nonconforming residential use in a commercial district. Any nonconforming
residential use in a commercial district may be enlarged by the following:
(1) Unattached
Storage Buildings;
(2) Unenclosed
additions to the residence such as patios, porches, and carports.
(3) A
single one-time attached enclosed addition to the residence no greater
than 380 square feet.
(Ordinance 484 adopted 2/18/08; Ordinance 522, sec. 1, adopted 6/21/10; Ordinance 547 adopted 4/18/11)
(A) Any structure
lawfully existing on the effective date of this Ordinance, or any
amendment hereto that is designed for a use not allowed in the district
where the structure is located shall be designated a nonconforming
structure.
(B) Except as provided for in Section
3.01(I), no nonconforming structure may be enlarged or altered, except to redesign it for a use allowed in the district where the structure is located. Ordinary maintenance and repairs are allowed.
(C) Should
the nonconforming structure be destroyed by any means to an extent
of more than 50% of its replacement cost at time of destruction, it
shall not be reconstructed, except in conformity with the provisions
of this Ordinance.
(D) Should
the structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations for the district in which
it is located after it is moved.
(Ordinance 484 adopted 2/18/08; Ordinance 522, sec. 2, adopted 6/21/10)
(A) Any structure
lawfully existing on the effective date of this Ordinance, or any
amendments hereto, that is designed for a use that is allowed in the
district where the structure is located, but which does not comply
with one or more of the dimensional regulations of this Ordinance,
such as limitations on areas, lot coverage, height, parking area and
locations on lot, shall be designated a noncomplying structure.
(B) Noncomplying
structures shall be treated the same as structures which comply with
all of the regulations of this Ordinance, provided that alterations
shall not be allowed which increase the noncompliance.
(Ordinance 484 adopted 2/18/08)