[1]
Editor's note—Art. VI was renumbered as art. XI pursuant to the inclusion of Ord. 2015-005, adopted April 20, 2015. See the editor's note at beginning of this chapter.
A nonconforming status shall exist 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 ordinance from which this chapter is derived.
(Ordinance 2005-009, sec. 31.1, adopted 3/21/2005)
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this article. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of six months shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned.
(Ordinance 2005-009, sec. 31.5, adopted 3/21/2005)
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, act of God or other cause, it may not be rebuilt except in conformance to the provisions of this article, unless permitted by the zoning board of adjustment, taking into consideration the property owner's circumstances and the effect on surrounding properties, after a public hearing with notice provided in accordance with section 42-82(c) [42-95(c)] for appeals before the zoning board of adjustment. The zoning board of adjustment may provide restrictions on such rebuilding. Such nonconforming use or structure may be rebuilt without such permission if such destruction does not exceed 50 percent of its reasonable value so long as permits for such rebuilding are obtained within six months of such destruction, and the size and function of the nonconforming use are not expanded.
(Ordinance 2005-009, sec. 31.6, adopted 3/21/2005; Ordinance 2012-026, sec. 1, adopted 9/17/2012)
Notwithstanding any of the provisions of this article, a nonconforming HUD-code manufactured home may be exchanged or replaced by another HUD-code manufactured home, provided the newly located residential unit is owner-occupied.
(Ordinance 2005-009, sec. 31.7, adopted 3/21/2005)