A. Permitted: Any use or structure lawfully occupying a building or land at the effective date hereof, or subsequent amendments thereto, or at the time of annexation or rezone, which does not conform with the regulations of the district in which it is located, shall be deemed a nonconforming use and may continue to operate as it did prior to the ordinance. A nonconforming use shall exist if the owner or developer of such use has lawfully, in reliance on existing laws, ordinances or permits, made substantial expenditures or otherwise committed himself, to a substantial disadvantage, before the law, ordinance or permit is changed. Substantial shall be measured by consideration of all factors evidencing a change of position.
B. Enlargement Of Nonconforming Use: No nonconforming use may be enlarged, expanded or altered except to make it a conforming use. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during the continuance shall be permitted. The right to maintain a nonconforming use runs with the land and is not terminated by a change in ownership, provided the nonconforming use is not enlarged, expanded or altered.
C. Nonconforming Use Abandonment: Whenever a nonconforming use of land or a building has been discontinued for a continuous period of six (6) months, or in the case of a building originally designed for a commercial or industrial use for a continuous period of one year; or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations for the district. Any nonconforming use that is illegally expanded shall lose its nonconforming use status.
D. Establishing Legal Nonconforming Use: A legal nonconforming use may be established upon application through the staff level review process outlined in subsection 11-3-5A1 of this title, subject to review of verification documentation submitted by the applicant. Following is a list of some, but not all, types of documentation that are accepted as verification of a legal nonconforming use (grandfather right):
1. Documentation:
a. Licenses; such as beer, liquor, retail, or professional occupation showing dates of use.
b. Rental property; receipts showing dates of use, directories, utility bills, etc.
c. Business; receipts showing types of service or goods provided, dated phone directories, Polk's directory, etc.
d. Statements from utilities, such as power, water or gas, that indicate date and type of use, i.e., commercial, multi-family residential, etc.
e. Notarized statements from neighbors who have observed the nonconforming use over the required time period.
2. Procedures: Every application for a certificate of legal nonconforming use shall be deemed to be an application for a zoning certificate. The zoning administrator/building director or his/her designee must review the verifying documentation submitted and make a determination of approval or denial of the application within fifteen (15) calendar days of receipt of application and will submit the findings and conclusions in writing to the applicant. The decision of the zoning administrator/building director may be appealed by the applicant or any affected person within ten (10) calendar days of the date of the approval or denial in accordance with section 11-3-7 of this title. (2003 Code § 11-09-03)