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(A) Definition. A nonconforming use is a use that was legally established but which no longer complies with the use regulations of the zoning district in which it is located.
(1) A nonconforming use shall not be enlarged or expanded unless the expansion eliminates or reduces the nonconforming aspects of the situation.
(2) Subsection (B)(1) of this section shall not be construed as prohibiting additions to any dwelling regardless of the zoning district in which the dwellings are located, nor shall any provision of this subchapter be construed as prohibiting the construction of any use that is accessory to a dwelling unit regardless of the zoning district in which the dwelling is located.
(3) Expansion for the sole purpose of complying with off-street parking standards of this chapter shall not be considered expansion of a nonconforming use.
(4) No temporary use permit shall be issued for a site containing a nonconforming use, if the proposed temporary use or event has the potential to generate additional traffic, noise, or other adverse impacts on the surrounding area.
(C) Change of use. A nonconforming use shall not be changed to any use other than a use allowed in the zoning district in which it is located.
(D) Loss of nonconformity status.
(1) Abandonment. If a nonconforming use ceases for any reason for a period of more than one year, the use shall be considered abandoned. Once abandoned, the use’s nonconforming status shall be lost and reestablishment of the use shall be prohibited. Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.
(2) Damage or destruction. If a structure containing a nonconforming use is destroyed by disaster to the extent of more than 50% of the replacement cost of the structure located above the average ground elevation, the use shall not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. Any proposed improvement unrelated to damage sustained from a disaster may exceed 50% of the replacement cost of the structure. Replacement cost calculations will consist of the following process:
(a) Submission of complete stamped engineering or architectural drawings showing an itemized list of all materials involved in the project (excluding open appliances); and
(b) Submission of at least two contractor’s cost estimates based on the architectural drawings, consisting of labor and all materials. The Planning, Building and Development Director may waive the above submission requirement upon a determination that the extent of damage or destruction appears to be significantly below the 50% threshold based on available information.
(E) Accessory uses. No use that is accessory to a principal nonconforming use shall continue after the principal use has ceased or terminated.
(Ord., § 12.2, passed 10-13-2009; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019)