A. Generally. A nonconforming use is a use of land lawfully established before the effective date of this Title, or amendments hereto, which is no longer allowed.
1. Any use lawfully established, but that is not a permitted, limited, specific, or temporary use, as set out in Chapter 3, is a legally nonconforming use.
2. Lawfully established uses that do not comply with parking, loading, screening, buffering, sign, or any other development regulation, which are otherwise lawful, shall not constitute a nonconforming use within the meanings established in this Chapter.
B. Standards.
1. Change in Use.
a. A nonconforming use shall not be changed to another nonconforming use.
b. A nonconforming use may be changed to a conforming use, thereby precluding the resumption of the nonconforming use.
c. If the use of a portion of a building or property is changed from a nonconforming use to a conforming use, that portion of the building or property may not be changed back to the nonconforming use.
2. Discontinuance of Use. If a nonconforming use is discontinued for a period of one year, for any reason, it shall not be resumed.
3. Nonconforming Use of Unimproved Land (Aggregate Area No More than 10 Percent). Upon the effective date of this Title, if a lawful use of land exists which would not be permitted by this Title, and the only structures used in connection with such use are all accessory or incidental to such use and do not have an aggregate area that covers more than 10 percent of the lot area, such use shall be deemed a nonconforming use of unimproved land and shall be terminated as follows:
a. If the replacement cost of the accessory structures, other than fences, is less than $1,000.00, the nonconforming use shall terminate within five years of the effective date hereof, or of the date on which the use became nonconforming, whichever is later.
b. If the replacement cost of the accessory structures, other than fences, is $1,000.00 or more, the nonconforming use shall be terminated on the basis of amortization of the replacement cost of the structures at an annual rate of $200.00, from the effective date hereof, or from the date on which the use became nonconforming, whichever is later.
c. Pending termination, the nonconforming use of land may be continued, provided that:
(1) The nonconforming use is not changed to another nonconforming use, enlarged, or extended to occupy a greater area of land than that which was occupied at the effective date hereof.
(2) The nonconforming use is not moved, in whole or in part, to any portion of the lot other than that occupied by such use at the effective date hereof.
(3) No additional structure, other than fences, shall be erected.
(4) If the nonconforming use ceases for any reason for a period of more than 90 days, except when government action impedes access to or use of the premises, any subsequent use of such land shall conform to this Title.
4. Nonconforming Use of Buildings and Improved Land (Aggregate Area 10 Percent or Less). Upon the effective date of this Title, if there exists a lawful use of a building, a principal building and land, or the use of land with accessory structures, and such use has an aggregate area that covers more than 10 percent of the lot area, and such use would not be permitted by this Title, such use shall be deemed nonconforming and may continue, provided that:
a. No building devoted to a nonconforming use shall be enlarged or extended, except to change the use of the building to a permitted use.
b. The nonconforming use of a portion of a building may not be extended to the remaining portions of the building, unless such portions were manifestly arranged and designed for such use. In no case shall the conformity be extended to occupy any land outside the building.
c. A former nonconforming use of a building, or building and land in combination, once superseded by a permitted use, shall not be changed back to the former nonconforming use.
d. A nonconforming use of a building, or building and land in combination, if discontinued for 12 consecutive months, or for 12 months during any 18 month period, except when governmental action impedes access to or the use of the premises, shall not thereafter be resumed.
e. Where nonconforming use status applies to a building and land used in combination, the termination of the use of the building shall eliminate the nonconforming status of the use of the land. (Ord. 746, 11-14-2017)