(A) Purpose.
(1) The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained.
(2) This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction.
(3) Furthermore, it is the intent of this chapter that all nonconforming uses shall be eventually brought into conformity.
(B) Continuation. Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon the date, except as hereinafter specified or subsequently amended.
(C) Extension. A nonconforming structure or use may be improved; provided, no structural alterations or changes are made therein, except those required by law or ordinance or such as may be required for safety or such as may be necessary to secure or ensure the continued advantageous use of the building during its natural life.
(D) Maintenance of building or structure. Normal maintenance of a building or structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
(E) Damage.
(1) Any nonconforming building or structure damaged more than 50% of its then appraised value, exclusive of foundations at the time of damage by fire, collapse, explosion or acts of God or public enemy, shall not be restored or reconstructed and used as before the happening.
(2) If less than 50% damaged above the foundation, it may be restored, reconstructed or used as before; provided that:
(a) It is done within 12 months of the happening; and
(b) It be built of like or similar materials, or the architectural design and building materials are approved by the Planning and Zoning Commission.
(3) The extent of damage or destruction shall be the mean of a value of damage determined by the Building Official and the insurance agent. Each shall submit a statement of the value of damage to the city.
(F) Change in use.
(1) A nonconforming use cannot be changed to a comparable nonconforming use.
(2) Whenever a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a nonconforming use.
(G) Discontinuance. In the event that a nonconforming use of any building, structure or land is discontinued for a period of one year, any future use of the building, structure or land shall be made to conform with the provisions of this chapter.
(H) Land. The nonconforming lawful use of land where a structure thereon is now so employed or existing at the time that this chapter becomes effective may be continued provided:
(1) The nonconforming use of land shall not, in any way, be expanded, extended or intensified either on the same or adjoining property; and
(2) If the nonconforming use of land, existing at the time this chapter became effective, is thereafter discontinued or changed, then the future use of the land shall be in conformity with the provisions of this chapter.
(I) Zone changes. The foregoing provisions relative to nonconforming uses shall apply to structures, buildings, land and uses which hereafter become nonconforming due to classification or reclassification of districts under this chapter.
(Ord. 879, passed 10-28-2020)