Within the zoning districts established by this Code, development that was lawful at the time it was established, but would be prohibited under the terms of this Code or future amendments may exist. As used in this section,
A. A nonconforming
structure
is a structure
that does not fully comply with the Code because of setbacks
, building height
, off-street parking or with some other standard of the zone. A use
shall be deemed to be discontinued or abandoned upon the occurrence of the first date of any of the following events:
1. When the structure
and/or premises are vacated;
2. The use
ceases to be actively involved in the sale of merchandise or the provision of services;
3. Termination of any lease or contract under which the non-conforminguse
has occupied the premises; or
4. A request for final reading of water and power meters is made to the City
Support Services Department.
B. A nonconforminguse
is a use
that is not permitted outright or has not received conditional approval in the zone, but was lawfully established prior to it becoming nonconforming.
The purposes of this subarticle are:
A. To permit nonconformingdevelopment
do continue, but not to encourage its perpetuation; and
B. To ultimately bring nonconformingdevelopment
into compliance with this Code and the Comprehensive Plan
.