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An existing building or structure that lawfully existed as of the effective date of this chapter and such structure that remains nonconforming, and any nonconformity that is created as a result of the adoption of this chapter or any subsequent amendment to the text of this chapter, may be continued or maintained as a nonconformity only in accordance with the terms of this section 21-8-3. (Ord. 18-880, 7-23-2018)
A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity, unless expansion or alteration of a nonconforming structure complies with development standards of the zoning district in which it is located, including but not limited to, setbacks applicable to the use for new construction, parking regulations and landscaping and screening requirements of this chapter, and all other applicable codes and ordinances of the City. (Ord. 18-880, 7-23-2018)
Any nonconforming structure when damaged or destroyed by fire, flood, or similar abnormal and identifiable event, is subject to the following criteria to determine their future status:
A. If more than fifty percent (50%) of the current assessed value of any nonconforming structure is destroyed, it shall not be reconstructed unless the structure is reconstructed in conformance with all the applicable and current requirements of this chapter.
B. If less than fifty percent (50%) of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted (and subsequently approved) within one hundred eighty (180) days after the date of destruction, provided the resulting structure complies with current Building Codes and the size and function of the nonconforming use shall not be expanded. Upon written request, the Zoning Administrator may grant a one-time extension not to exceed ninety (90) days for the submittal of a building permit application.
C. A mutually agreed upon appraiser, paid for by the owner, shall determine the above assessed value. The Zoning Administrator has the discretion to obtain a second opinion of value, at the City's expense, if he/she so desires. (Ord. 18-880, 7-23-2018)
Any nonconforming use of land or a nonconforming use of a conforming structure that is not in compliance with this chapter shall not be enlarged, extended, moved, or substituted unless the use is brought into compliance with this chapter. However, reasonable repairs and alterations are permissible in accordance with the provisions of section 21-8-2.4 of this article. (Ord. 18-880, 7-23-2018)
A. Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter revert back to a nonconforming use. A change to a conforming use shall also not create any additional nonconforming situations.
B. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy. (Ord. 18-880, 7-23-2018)
If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six (6) months, the rights to a legal nonconforming status shall terminate. The initial decision as to whether a prior existing, non-conforming use has been abandoned shall be made by the Zoning Administrator. Such decision may be appealed to the Board of Adjustment by the affected property owner within ninety (90) calendar days of the ruling by the Zoning Administrator following the procedures under section 21-6-11.8, "Appeal", of this chapter. (Ord. 18-880, 7-23-2018)
A use that received a conditional use permit prior to the effective date of this chapter, and that is permitted in its entirety as a principal use in the district in which it is located under this chapter, shall not be deemed a nonconforming use. Such use shall be deemed a permitted principal use and the conditional use approval and conditions of approval, relative to the use, shall be null and void. (Ord. 18-880, 7-23-2018)
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