A. Permitted: A use lawfully existing on the effective date of enactment of this chapter or any amendment to this chapter, but which is not in accordance with the provisions and requirements currently contained in this chapter, shall be known as a nonconforming use and, if not abandoned, may be allowed to continue; provided, however, that such nonconforming uses may not be extended, enlarged or changed to other nonconforming uses, except by variance or conditional use permit.
B. Uses Included: A nonconforming use is a property use which existed lawfully on the effective date of the enactment of this chapter or any amendment to this chapter, but which is no longer in accordance with the provisions and requirements contained in this chapter, and has been continued and not abandoned since becoming inconsistent with the requirements of this chapter. Nonconforming uses are not limited to, but may include and consist of the following:
A nonconforming use of property, such as any commercial, industrial or residential use not listed as a principal, permitted use within the existing underlying zoning district; nonconforming structures or buildings such as any building or structure that is noncompliant with area, height or setback requirements of the existing underlying zoning district; and nonconforming development standards, such as noncompliant off street parking, including:
1. Quantity of spaces;
2. Paving;
3. Security lighting; and
4. Landscaping.
C. Nuisance Declared: It shall be unlawful for any person to continue a nonconforming use of any kind in any zoning district established by this chapter more than one (1) year after its passage when such nonconforming use has been declared to constitute a nuisance or to be detrimental to public health, safety or welfare by a majority vote of the City Council. The City Council shall have written notice served on the person last known to be the owner of the property on which such nonconforming use exists or which constitutes a nonconforming use. The written notice shall order the nonconforming use to be discontinued within one (1) year thereafter. If the owner does not reside in the City at the time, the notice may be mailed to the person by registered mail at the last known address. This subsection shall not be construed as limiting the right of the City of any person to abate a nuisance under any existing laws or ordinances.
D. Abandonment or Discontinuance: A nonconforming use of a building or land which is operationally abandoned or discontinued for a period of twelve (12) consecutive months or more shall be considered abandoned and shall not be resumed. Nonconforming buildings which have been damaged or destroyed by natural calamity may be repaired or reconstructed within one (1) year from the date of damage, so long as the repaired building is appropriate for the previous use. In considering whether a use is abandoned, the City may consider one or any combination of the following factors:
a. Failure to maintain regular business hours that are typical or normal for the use;
b. Failure to maintain equipment, supplies or stock-in-trade that would typically be present in the building or on the land for the active operation of the use;
c. Failure to maintain utilities that would typically be required for the active operation of the use;
d. Failure to pay taxes, including but not limited to sales tax, workers' compensation taxes or business taxes that would be required for the active operation of the use;
e. Failure to maintain required local, state or federal licenses or other approvals, to include business licenses, that would be required for the active operation of the use; and/or
f. Other indicia of abandonment, such as the presence of a nuisance. (Ord. 861, 5-25-2021)