A. Applicability: A legal nonconforming use is the use of land that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title.
B. Expansion Of Use: A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.
C. Relocation Of Use: A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.
D. Damage Or Destruction Of Use:
1. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the use cannot be continued unless it meets the requirements of the subject zoning district.
2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of its replacement value, the structure may be repaired provided that:
a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.
b. A building permit is obtained for such repairs within one hundred eighty (180) days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.
3. The replacement value of the legal nonconforming structure shall be established by:
a. The sale of the structure within the previous year, or if that is not applicable;
b. An appraisal of the structure within the last two (2) years, or if that is not available;
c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;
d. An alternative method determined acceptable by the Zoning Administrator.
E. Change Of Use: A legal nonconforming use shall not be changed to any other use unless the use is allowed within the subject zoning district.
F. Discontinuation Or Abandonment Of Use: If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least 30 days, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any subsequent use or occupancy of such land or structure shall meet the requirements of the subject zoning district. The following exceptions apply:
1. If the period of such discontinuance is caused by government action or acts of God, it is not included in calculating the length of discontinuance.
2. If the property owner files notice in writing of the suspension of a nonconforming use with the Zoning Administrator prior to the expiration of the continuous period of at least thrity (30) days. The Zoning Administrator may approve an extension of such time frame not to exceed thirty (30) days.
G. Amortization Of Nonconforming Uses In Residential Zoning Districts: Any nonconforming use of land located in a residential zoning district which lawfully existed at the time that this title became effective, shall be discontinued within one (1) year after the Zoning Administrator has provided written notice to the property owner. This section does not apply to nonconforming uses that received approval of a use variance.
H. Requests For Extensions Of Nonconforming Uses In Residential Zoning Districts: The owner or operator of a nonconforming use in a residential zoning district may request a six (6) month extension of the amortization period. The applicant shall submit a detailed narrative to the Zoning Administrator explaining the request that includes documentary evidence such as: 1) the amount of the owner's investment in the pre-existing, nonconforming use through the effective date of this title; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3) the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall approve or deny the request based upon the documentary evidence.
I. Requests For Extensions Of Nonconforming Uses In Residential Zoning Districts Greater Than Six (6) Months: City Council may grant an extension for the continued operation of a nonconforming use in a residential zoning district. In order to secure an extension of time greater than six (6) months, the owner or operator must submit to the Zoning Administrator a written request for such extension at least sixty (60) days prior to the end of the amortization period. No application for extension received after such time shall be considered. This information shall be supported by relevant documentary evidence such as: 1) the amount of the owner's investment in the pre-existing, nonconforming use through the effective date of this title; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3) the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall notify an applicant of the time and place of a public hearing to be held on such request before the Planning and Zoning Commission. The Planning and Zoning Commission shall make a recommendation to be transmitted to City Council who may approve or deny the request.
(Ord. 21-3, 1-18-2021; amd. Ord. 21-15, 4-5-2021)