[Amended 8-1-1994 by Ord. No. 455]
The provisions of this article shall apply to
buildings, structures, signs, lands and uses which became nonconforming
as the result of the application of this chapter to them or from classification
or reclassification of the property under this chapter or any subsequent
amendments thereto.
Where, at the effective date of adoption or
amendment of this chapter, lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be continued, so long as it remains otherwise
lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter.
C. If any such nonconforming use of land ceases for any
reason for a period of one year, any subsequent use of such land shall
conform to the regulations specified by this chapter for the district
in which such land is located.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reasons of restrictions on area,
lot, coverage, height, yards or other characteristics of the structure
or its location on the lot, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in any
way which increases its nonconformity, unless an enlargement or structural
alteration makes the building more conforming or is required by law.
B. Should such 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 chapter.
C. Should such structure be moved for any reason for
any distance whatsoever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
D. Structural alterations may be permitted if necessary
to adapt a nonconforming building to new technologies or equipment
pertaining to uses housed in such building. Any enlargement necessary
to adapt to new technologies shall be authorized only by a variance.
If a lawful use of a structure or of structure
and premises in combination exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district
under the terms of this chapter, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted
by this chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located.
B. Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, but
no such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming
use of a structure or structure and premises may be changed to another
nonconforming use, provided that the Zoning Hearing Board, either
by general rule or by making findings in the specific case, finds
that the proposed use is equally appropriate or more appropriate to
the district than the existing nonconforming use. In permitting such
change, the Zoning Hearing Board may require appropriate conditions
and safeguards in accord with the provisions of this chapter.
D. Any structure or structure and land in combination
in or on which a nonconforming use is superseded by a permitted use
shall thereafter conform to the regulations for the district in which
such structure is located, and the nonconforming use may not thereafter
be resumed.
E. When a nonconforming use of a structure or structure
and premises in combination is discontinued or abandoned for one year,
the structure or structure and premises in combination shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
F. Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
[Amended 8-1-1994 by Ord. No. 455]
It shall be the responsibility of the Code Official
to identify and register all nonconforming uses established prior
to the adoption of this chapter or created by rezoning amendments.
The information shall be kept on a map showing the exact location
of each nonconforming use, and such map shall be kept current as nonconformities
are removed or new ones created by amendment. The record shall indicate
the reasons why the Code Official determined each nonconformity.
The provisions of this article shall not apply
to any building or structure which is designated by the Planning Commission,
with concurrence of the Council, to be an historical landmark.