It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming structures and uses will be operated and maintained.
(A) Any structure or use lawfully existing upon the effective date of this chapter may be continued as a legal non-conforming use, except as hereinafter stated. Whenever a legal non-conforming use has been changed to a conforming use, it shall not thereafter be changed to a non-conforming use. No expansion, enlargement or intensification of a non-conforming use or structure is permitted.
(B) Nothing in this chapter shall prohibit the repair, replacement, restoration, maintenance or improvement, but not including the expansion, of a legally non-conforming building or use to prevent deterioration, obsolescence, depreciation and wear. Any non-conformity, including lawful use or occupation of land or premises existing at the time of the adoption of this chapter, may be continued unless the non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value and no building permit has been applied for within 180 days of when the property was damaged. Market value shall be determined based upon the building’s assessed value on record with the City Administrator/Clerk/Treasurer at the time immediately prior to the loss or damage to the use in question.
(C) Whenever a legal non-conforming structure has been damaged in any manner, it may be constructed and continued as a legal non-conforming use within 12 months unless the damages to such structure total more than 50% of its fair market value as determined by the Building Inspector and approved by the City Council. If the damage exceeds 50% of fair market value, the owner may, within six months, apply to the City Council for a special permit to reconstruct and continue its non-conforming use or operation. Approval to rebuild shall be granted only upon finding:
(1) Such rebuilding or restoration will not substantially extend the probable duration of such non-conforming use;
(2) Restoration will not increase the size, intensity or character of the use that was destroyed;
(3) Restoration constitutes no more than the replacement of the damaged non-conforming use; and
(4) Restoration will be in compliance with all Building Code requirements.
(D) Whenever a legal non-conforming use of land shall have been discontinued for a continuous period of one year, any future use shall be in conformity with the provisions of this chapter.
(E) (1) Any legal non-conforming use of land not involving a structure, or any structure with a market value of $1,000 or less, may be continued for a period of 36 months from the effective date of this chapter. Any sign subject to control by this code, regardless of its value, may be continued as a legal non-conforming use for a period of 24 months. At the end of the aforementioned time periods, the use shall be illegal non-conforming and the offenders shall be in violation of this chapter.
(2) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions in this chapter shall also apply to any existing uses that become non-conforming as a result of the boundary changes.
(Ord. passed 12-17-2014)