(A) General.
(1) Any lawful use of land or a building existing at the date of passage of this chapter and located in a district in which it is not permitted under this chapter, is hereby declared a nonconforming use and not in violation of these regulations; however, such nonconforming use shall be subject to the regulations in this subchapter.
(2) A nonconforming use shall not be expanded, and a building in which a nonconforming use is being conducted shall not be structurally altered, except under terms prescribed in division (D) below.
(B) Certificate of occupancy.
(1) The owner of a nonconforming building or use shall certify by affidavit to the Building inspector that his or her building or use was made nonconforming by the passage of this chapter.
(2) On acceptance of the affidavit, the Building Inspector shall issue a certificate of occupancy for the nonconforming use or building. Such certificate shall designate the location, nature and extent of such nonconforming use and any additional data necessary for issuance of said certificate.
(3) If, upon review of the affidavit, any illegally established violation of previous or existing ordinances or codes is found, the Building Inspector shall not issue said certificate of occupancy and shall declare such use to be in violation of this chapter and shall act accordingly.
(4) Any use not in conformance with this chapter and on which no certificate of occupancy has been issued shall be presumed to be in violation of these zoning regulations and shall be treated accordingly.
(C) Continuation of nonconforming use of land. Any use of land in legal existence prior to passage of this chapter may continue as to its specific use at the time of passage. This shall not, however, limit any other authority of the city in controlling or abating nuisances, hazards or infringement on public welfare.
(D) Change of nonconforming use.
(1) (a) A nonconforming use may be changed to another similar nonconforming use where, in the opinion of the Board of Adjustment, such new use:
1. Will not extend the life of a nonconforming use;
2. Will reduce traffic, sound, odor, smoke or number of employees;
3. Will not include structural alteration or expansion; and
4. Will improve the character and value of surrounding property.
(b) Such change in use may be permitted only following formal application for change with the Board of Adjustment. Where proper findings are made, the Board of Adjustment may direct the Building Inspector to issue the necessary permits.
(2) Whenever a nonconforming use has been changed to a conforming use, it shall not revert to a nonconforming use.
(E) Restoration of nonconforming buildings.
(1) Nonconforming buildings may be restored only if destruction caused by fire, explosion or act of God is 50% or less of its structural valuation prior to such destruction. The determination of such reduced structural valuation shall be made by an appraiser appointed by the city, but whose fee shall be paid by the property owner.
(2) Any building whose destruction exceeds 10% but less than 50% of its prior structural valuation, must apply for a building permit for reconstruction within six months and commence reconstruction within six months of the date of the described destruction.
(3) In lieu of such reconstruction, the nonconforming use shall be considered abandoned, and such building shall be permitted to be reconstructed as a permitted use only.
(F) Discontinuance or abandonment of nonconforming use. Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of 30 days shall thereafter conform to the provisions of this chapter unless otherwise disposed of by the Board of Adjustment.
(Ord. passed 4-4-2000)