Notwithstanding other provisions of this chapter, when a nonconforming multi-family residential, business or industrial use or structure is located in a zoning district other than the Urban Village District, which permits business or industrial uses (other than agriculture, horticulture or home occupations), the owner of the property may elect to exercise the following options, subject to the stated conditions:
(a) To expand the use or structure on the existing lot provided that the lot is conforming in all respects to the most restrictive dimensional requirements which would be in effect if the lot were zoned to permit the use; and further provided that all yard, area and other dimensional and functional requirements in effect for the actual district designation (e.g., lighting, parking) are satisfied.
(b) To rebuild the structure within twelve months after a casualty loss, even if the loss is as great as 100 percent.
(c) To restart the use on the existing lot, provided it has been discontinued for no more than twelve consecutive months or for no more than eighteen months during any three-year period. Any period when government action substantially impedes physical access to the premises shall not be considered a discontinuance.
(d) To remove and rebuild the structure(s) in the same or different form or location on the existing lot provided that the lot is conforming in all respects to the most restrictive dimensional requirements which would be in effect if the lot were zoned to permit the use; and further provided that all yard, area and other dimensional and functional requirements in effect for the actual district designation (e.g., lighting, parking) are satisfied.
If the proposed expansion or reconstruction of a nonconforming business use or structure is of such a nature that it may be permitted only by exercise of the elective rights provided by this section, it shall be subject to the site plan review requirements of Chapter 1284 of the Codified Ordinances. For example, pursuant to Chapter 1284, approval of such expansion or reconstruction may be conditioned upon the provision of new landscaping, fences, walls and other improvements or design features as may be necessary or desirable to minimize functional or aesthetic conflicts with adjacent permitted land uses and to prevent or minimize nuisance conditions.
(Ord. O-20-2. Passed 1-2-20.)