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NONCONFORMING BUILDINGS AND USES
(A) The purpose of this section is to provide for the regulation of nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which those non- conforming buildings, structures, and uses may be continued.
(B) This chapter establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that zoning district. It is necessary and consistent with the establishments of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be continued without restriction.
(Ord. 2015-08, § 4.01, passed 6-23-2015)
(A) Any lawfully established building, structure, or use of a building or land, on the effective date of this chapter or of amendments thereto, that does not conform to the regulations for the district in which it is located, shall be deemed to be a legal nonconforming building, structure, or use and may be continued, except as otherwise provided herein.
(B) Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(C) Nonconforming status rests with the property, not with the owner. Such status is not affected by changes in ownership, tenancy, or management.
(D) Any building, for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
(E) Any development that has obtained preliminary and final approval at the time of adoption of this chapter and which is nonconforming solely as a result of the adoption of this chapter, may be developed as a legal nonconforming use, lot, or building per the zoning regulations in effect at the time of such preliminary and final approval.
(Ord. 2015-08, § 4.02, passed 6-23-2015)
(A) Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
(B) Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of 12 consecutive months (1 year), or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.
(C) Where no enclosed building is involved, discontinuance of a nonconforming use for a period of 6 months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.
(Ord. 2015-08, § 4.03, passed 6-23-2015)
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