A nonconforming use may be continued, without alteration or expansion, although such use no longer conforms to the provisions of this chapter.
A. Conversion To Conforming Use: A nonconforming use, or any portion of the nonconforming use, may be converted to a use that conforms to the provisions of this chapter.
1. A nonconforming use may not be resumed once that use is converted to a conforming use.
2. No portion of a building may be occupied by a nonconforming use once that portion of the building is occupied by a conforming use.
B. Expansion Of Nonconforming Use: A nonconforming use shall not be expanded. However, a building occupied by a nonconforming use may be enlarged provided that the enlargement meets the then current development standards and the area of the enlargement is utilized solely by conforming uses.
1. Minor Accommodation: Pursuant to the provisions of article 36 of this chapter, a minor accommodation permit may be issued to allow an awning, canopy or sign to be added to a building located in a residential zone and occupied by a nonconforming use and to allow such awning, canopy or sign to encroach into a required yard if: a) the use is nonconforming solely because the use lacks a conditional use permit, b) the addition will not add floor area to the buildings, c) the sign does not exceed twelve (12) square feet in area unless the planning commission or the city council acts as the reviewing authority for the minor accommodation, and d) the reviewing authority determines that the awning, canopy or sign will not substantially and adversely affect the residential character of the surrounding neighborhood.
C. Time Limits For A Discontinued Nonconforming Use: If a nonconforming use of a building or land has been discontinued for a period of five (5) years, the nonconforming use shall not be reestablished. Subsequent use of the building and/or land shall conform to the regulations of the zone in which the land is located. For the purposes of determining whether a use has been discontinued, the property owner shall have the burden of proof in demonstrating a continuation of use.
1. Exceptions:
a. Owners of properties impacted by circumstances that are out of the property owner's control, including, but not limited to, government regulations, the presence of hazardous substances on the property that must be removed in order for the property to be developed with the approved use, or an extended statewide economic downturn, may request an extension of the five (5) year period from the planning commission. The planning commission must make the following finding in order to grant an extension:
(1) The nonconforming use is not substantially adverse to the public health and safety of the neighborhoods adjacent to the property.
b. Residential uses.
c. Medical uses. Such uses shall be governed by section 10-3-1620.1 of this chapter.
d. Reestablishment of a nonconforming use may occur after the passage of five (5) years, provided that a complete application for either a planning entitlement or building permit associated with such reestablishment has been filed prior to expiration of the five (5) year time limit, provided the application is subsequently approved by the city. (Ord. 96-O-2272, eff. 1-9-1997; amd. Ord. 02-O-2391, eff. 3-8-2002; Ord. 16-O-2702, eff. 5-20-2016)