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(a) If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification. For the purposes of this subchapter, each of the following classifications shall be considered to be “more restrictive” than those it precedes:
RC | Recreation/conservation |
RR | Rural residential |
RS-1 | Residential |
RS-2 | Residential |
RD | Residential |
RA-1 | Residential |
C | Commercial |
I-1 | Light industrial |
I-2 | General industrial |
(b) Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, the use shall not thereafter be changed to a less restrictive use.
(1992 Code, App. C, § 18.04) (Ord. 20-02, passed 3-18-2002)
A nonconforming use shall not be enlarged, extended, converted, reconstructed or structurally altered unless the use is changed to a use permitted in the district in which the premises is located except that a conditional use permit may be authorized after the following criteria are given specific consideration:
(a) Effect on surrounding property values;
(b) The density of land use zoning for the subject and adjacent properties;
(c) The degree of hardship upon the applicant which would be caused by failure to grant the permit; and
(d) It can be demonstrated that it was the owner’s intent to use the entire premises for the use prior to the adoption, revision or amendment of this subchapter.
(1992 Code, App. C, § 18.05) (Ord. 20-02, passed 3-18-2002)
(a) When the use of a building is nonconforming as defined by this subchapter and the building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located.
(b) Exception: Single-family dwellings may be restored if damaged less than 100%.
(1992 Code, App. C, § 18.06) (Ord. 20-02, passed 3-18-2002)
Nothing in this subchapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this chapter.
(1992 Code, App. C, § 18.08) (Ord. 20-02, passed 3-18-2002)
(a) Nonstandard uses existing immediately prior to the effective date of this subchapter may be continued, although the uses do not conform to the provisions hereof.
(b) Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed or structurally altered as follows:
(1) Enlargements, extensions, conversions or structural alterations may be made as required by law or ordinance;
(2) Structural alteration of buildings or structures may otherwise be made if the changes do not encroach into an existing front yard, side yard or rear yard which is less than the minimum required yards for the district in which they are located; and
(3) Enlargement, extension, conversion of buildings or structures may otherwise be made if the changes comply with the minimum required yards, lot area, height, landscaping, parking and density for the district in which they are located.
(1992 Code, App. C, § 18.09) (Ord. 20-02, passed 3-18-2002)
CONDITIONAL USE REGULATIONS
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