CHAPTER 7: NONCONFORMITIES
Section
   7.100   Continuation of nonconforming use
   7.101   Additions, alterations, extensions, repairs
   7.102   Discontinuation of nonconforming use
   7.103   Certificate of occupancy for nonconforming uses
   7.104   Restoration of partially destroyed building
   7.105   Subsequent amendments to zoning ordinance
   7.106   Nonconforming lot of record
   7.107   Specific nonconforming uses
   7.108   Exercise of eminent domain
§ 7.100 CONTINUATION OF NONCONFORMING USE.
   The lawful use of a building existing at the time of the passage of an ordinance making the use nonconforming may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, every future use of such premises shall be in conformity with the provisions of this ordinance.
(Ord. 13896, passed 10-12-1999)
§ 7.101 ADDITIONS, ALTERATIONS, EXTENSIONS, REPAIRS.
   (a)   Nonconforming as to yards or height. Additions, alterations and extensions to buildings and structures which are nonconforming as to yards or height only shall be permitted without necessity of board of adjustment approval, provided that the portions added, altered or extended shall fully comply with all zoning regulations.
   (b)   No structural alterations. Repairs and alterations may be made to a nonconforming building provided that no structural alterations shall be made except those required by law or ordinance.
(Ord. 13896, passed 10-12-1999)
§ 7.102 DISCONTINUATION OF NONCONFORMING USE.
   (a)   General. The lawful use of land existing at the time of the passage of an ordinance making the use nonconforming, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance.
   (b)   Reversion not allowed. A nonconforming use if changed to conforming use may not thereafter be changed back to a nonconforming use. A nonconforming use if changed to a more restricted nonconforming use may not thereafter be changed unless to an equal or to a more restricted use.
   (c)   Resumption of discontinued nonconforming use not allowed.
      (1)   A nonconforming use, when discontinued or abandoned, shall not be resumed. DISCONTINUANCE or ABANDONMENT shall be defined as follows:
         a.   When land used for a nonconforming use shall cease to be used in a bona fide manner for one calendar month;
         b.   When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a nonconforming use for a continuous period of 24 consecutive calendar months; and
         c.   When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of 12 consecutive calendar months.
      (2)   Upon evidence of hardship, the board of adjustment shall have the power to extend the above time limits not to exceed six months.
(Ord. 13896, passed 10-12-1999)
§ 7.103 CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USES.
   A certificate of occupancy shall be required for all nonconforming uses.
(Ord. 13896, passed 10-12-1999)
§ 7.104 RESTORATION OF PARTIALLY DESTROYED BUILDING.
   Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 75% of its reasonable value, by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Further, nothing in this chapter shall be taken to require a bufferyard, screening fence or building setback as identified in § 6.300, in order to restore a building that may have been partially destroyed by fire, explosion, or other casualty, or act of God, or the public enemy when such building is located on land adjacent to property or across the alley from property that for any reason is or has been rezoned to a one- or two-family district.
(Ord. 13896, passed 10-12-1999)
§ 7.105 SUBSEQUENT AMENDMENTS TO ZONING ORDINANCE.
   (a)   Uses, yards or buildings. The provisions of this chapter shall also apply to uses, yards or buildings made nonconforming by subsequent amendments to zoning regulations.
   (b)   One family dwelling. Any existing one family dwelling, made nonconforming by the passage of a subsequent ordinance, may be altered or added to, provided such additions or alterations meet the requirements of the one family district.
(Ord. 13896, passed 10-12-1999; Ord. 23111-02-2018, § 1, passed 2-6-2018)
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