A nonconforming status shall exist under the following provisions of this chapter:
(A) When, on the effective date of this chapter, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the prior zoning code or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.
(B) (1) When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the city and has since been in regular and continuous use.
(2) Any nonconforming use of land or structure may be continued for indefinite periods of time subject to such regulations as the Board of Adjustments may require for immediate preservation of the adjoining property prior to ultimate removal of the nonconforming use. The building official may grant a change of occupancy from one nonconforming use to another, providing the use is within the same or a more restrictive classification as the original nonconforming use. In the event the nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification, it shall not be later changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned. Existing residences located in nonresidential districts may be improved, maintained, or rebuilt as conforming structures.
(3) If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this chapter. In the case of a partial destruction of a nonconforming use not exceeding 75% of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.
(4) If a nonconforming use on a particular parcel shall cease operation for a period of more than six months, then such nonconforming use shall be deemed to be permanently abandoned and shall not be reinstituted on that parcel or any other parcel in any district which does not permit the discontinued use. For the purposes of this section, to “cease operation” shall mean to intentionally abandon the nonconforming use. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purpose.
(Ord. 927, passed 4-12-05)