Except as this chapter may otherwise require, any nonconforming
use may be continued in operation on the same land and on the same
floor area in a structure or structures which were occupied by the
nonconforming use on the effective date of these regulations or on
the effective date of any amendment by which the use became nonconforming,
but such land area or floor area shall not be increased. In the event
a nonconforming use of any building or premises is voluntarily discontinued
for a period of ninety (90) days, the use of the same shall thereafter
conform to the provisions of the district in which it is located.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
13.01; Ordinance 414-97 adopted 12/16/97)
(a)
Any nonconforming use may be changed to a use conforming with the
regulations herein established for the district in which the nonconforming
use is located; provided however, that a nonconforming use so changed
shall not be changed to another nonconforming use.
(b)
If a building occupied by nonconforming uses is fifty percent (50%)
or more destroyed or damaged by fire or the elements, it may not be
reconstructed or rebuilt except to conform with the provisions herein.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
13.02; Ordinance 414-97 adopted 12/16/97)
Subject to the provisions above, any lawful nonconforming use
may continue in such use notwithstanding a conflict with its present
zoned use. In certain cases, however, such uses may be terminated
after a period of time in order to more fully realize the comprehensive
plan, ensure compatibility with adjacent uses, promote aesthetic and
harmonious development and generally promote the health, safety and
welfare of the community.
(1)
Subject to the appeal plan below, all nonconforming uses in the following
categories will be terminated and replaced by uses in conformity with
the applicable zoning regulations on the specified anniversary date
after the adoption of this chapter.
(A)
Ten (10) years: Commercial billboards, commercial uses of any sort
not listed below in residentially zoned areas, and all commercial
uses (not listed below) not in conformity with present zoning requirements.
(B)
Two (2) years: Junkyards, outdoor storage yards, undeveloped uses
zoned at variance with current ordinances, kennels, cement or asphalt
batch plants, rock crushers, flea markets.
(2)
If any owner of a property subject to amortization and termination under this chapter feels that such amortization period is unfair with regard to such property, the owner may, within ninety (90) days of the passage of this chapter file an appeal with the city council of the City of Willow Park specifying why this regulation is unjust or unfair with regard to such property. Pursuant to such appeal to the city council may, after hearing and considering such evidence as may be provided, extend the period of amortization at its discretion. Failure to perfect an appeal by filing same within ninety (90) days of the passage of this chapter or the denial of certificate of occupancy as a lawful nonconforming use under section 14.18.005 of this chapter will constitute acquiescence to the terms stipulated above.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
13.03; Ordinance 414-97 adopted 12/16/97)
