(A) Generally. A nonconforming use is a use of land that was lawfully established (e.g., it was allowed and issued a permit, if a permit was required at the time the use was established) on a parcel or lot before the effective date of this Zoning Ordinance, that is no longer allowed after the effective date of this Zoning Ordinance. Amendments to this Zoning Ordinance may also create nonconforming uses. The following uses are nonconforming uses:
(1) "Limited uses" as listed in the Use Table established in § 156.C.003, Use Table, but were lawfully established without a limited use permit. For these uses, the nonconforming use status may be removed by obtaining a limited use permit set out in Subsec. 156.J.004.9, Limited Use Permits;
(2) Uses that do not meet the requirements of Article C, Use Standards; and
(3) Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.
(B) Classifications of nonconforming uses. There are two types of nonconforming uses: major nonconforming uses and minor nonconforming uses. The classification of the nonconforming use affects whether or not it can be converted to a conforming use.
(1) Major nonconforming uses.
(a) Discontinuance. Discontinuance of a major nonconforming use for a period of six consecutive months constitutes abandonment of the use, regardless of the owner’s intent. A major nonconforming use shall not be re-established on the property after it is abandoned unless the City Council approves a zone change in accordance with Subsec. 156.J.003.2 that makes the prior use conforming.
(b) Expansion, enlargement, or increases. A major nonconforming use shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not used or occupied on the effective date of this Zoning Ordinance or any amendment that made the use nonconforming.
(c) Structures. No structures containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
(2) Minor nonconforming uses.
(a) Discontinuance. Discontinuance of a minor nonconforming use for a period of 12 consecutive months constitutes abandonment of the use, regardless of the owner's intent. A minor nonconforming use shall not be re-established on the property after it is abandoned unless the property owner converts the nonconforming use to a conforming use in accordance with § 156.K.007, Conversion of Nonconformities, prior to the end of the 12-month period.
(b) Expansion and/or extension. No minor nonconforming use shall be expanded or extended in such a way as to:
1. Occupy any open space or landscaped area that is required by this Zoning Ordinance;
2. Exceed pervious cover, intensity, or height limitations of the zoning district in which the use is located;
3. Occupy any land beyond the boundaries of the property as it existed on the effective date of this Zoning Ordinance;
4. Displace any conforming use in the same building or on the same property; or
5. Increase the area of floodplain (if present) that is directly impacted by the use.
(c) Nonconforming residential uses. A nonconforming residential use shall not be expanded in scope or area, except that construction of an attached or free-standing private garage is allowed in accordance with the requirements of this Zoning Ordinance and the district in which the use is located, including, but not limited to:
1. Height;
2. Setback;
3. Gross floor area; and
4. Building coverage.
(Ord. 15039, passed 4-11-2022)