Except as provided in this article, any use
of land, building, structure or part thereof existing at the time
that this chapter or any amendment hereto becomes effective may be
continued after the passage of this chapter, provided that the use
and character of the premises at the time of the enactment of this
chapter remains unchanged.
A nonconforming use may only be changed to a
conforming use. A conforming use may not thereafter be changed back
to any nonconforming use.
A nonconforming use shall not be enlarged or
extended beyond those areas of the building arranged or designated
for such nonconforming use at the time of the passage of this chapter,
except as follows:
A.
In any commercial or industrial district, any nonconforming
use may be enlarged to an extent not exceeding 25% of the gross floor
area devoted to such nonconforming use. In no case shall such enlargement
extend beyond the lot occupied by such nonconforming use.
B.
When the total of all enlargements equals 25% of the
gross floor area existing at the time such use became a nonconforming
use, no further enlargement shall be permitted.
A.
No nonconforming building or other structure which
has been damaged or destroyed by any means, where the cost of repairs
totals or exceeds 50% or more of its assessed value, as assessed for
City taxes on the last previous assessment roll, shall be rebuilt
or repaired except in conformance with this chapter.
B.
Nonconforming buildings or other structures which
have been damaged where the cost of repairs is less than 50% of its
assessed value may be repaired, replaced or reconstructed in conformance
with the following:
(1)
Neither the floor area nor the volume of a nonconforming
use shall be increased from the pre-damage floor area or volume of
the nonconforming use.
(2)
The application for a building permit to repair, replace
or reconstruct a partially destroyed or damaged use or structure as
herein authorized shall be made within six months of the occurrence.
(3)
The repair, replacement or reconstruction shall be
completed within six months following the issuance of the permit.
A.
When a nonconforming use has been discontinued for
a period of at least six months, the use shall not thereafter be reestablished
and the future use shall be in conformance with the provisions of
this chapter.
B.
Discontinuance of the active and continuous operation
of a nonconforming use, a part or portion of the operation of the
nonconforming use, for a period of 12 consecutive months is construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent not to abandon same or of an intent
to resume active operations.
C.
If actual abandonment in fact is evidenced by the
removal of buildings, structures, machinery, equipment and other evidences
of such nonconforming use of the land and premises, then the abandonment
shall be construed and considered to be completed within a period
of less than six months, and all rights to reestablish or continue
such nonconforming use shall terminate.
