Skip to code content (skip section selection)
(A) Nonconforming uses. Any use of land, building or structure lawfully existing at the time the Airport Overlay District or amendments thereto become effective may be continued even though such use does not conform with the regulations of the zoning ordinance or amendments thereto for the Airport Overlay District in which it is located. These special provisions for continuation and reconstruction of legal nonconforming uses shall only apply to uses, structures and buildings which become nonconforming through the adoption of the Airport Overlay District. These special provisions for nonconforming uses will apply since the Airport Overlay District has a large impact area, considerable development presently exists, and a substantial economic hardship would be created if those properties were required to comply with the provisions of the Airport Overlay District and other sections of the zoning ordinance.
(B) Discontinuance of legal nonconforming uses.
(1) In the event that a legal nonconforming use of land, building or structure is discontinued for a period of 12 consecutive months, any future use thereof shall be in conformity with the regulations of the Airport Overlay District and the zoning ordinance.
(2) In the event that a legal nonconforming nonresidential use of land, building or structure is destroyed by fire, flood, earthquake, war, riot or so-called act of God to the extent of 75% of its value, according to the appraisal thereof by competent appraisers, then and without further action by the City Council, the future use thereof shall, from and after the date of such destruction, be subject to all the regulations of the Airport Overlay District in addition to the provisions of the other sections of the zoning ordinance.
(3) In the event that a legal nonconforming residential use of buildings or structures is destroyed to any extent by fire, flood, earthquake, war, riot or so-called act of God, it may be reconstructed, except that such reconstruction shall comply with the provisions of the other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. Such reconstruction shall be limited to 100% of the destroyed structure.
(C) Expansion of a legal nonconforming use.
(1) Nonresidential. A nonresidential legal nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or structural alteration, and further use of such property conform with the regulations of the Airport Overlay District in which such property is located, other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. In the event that the above-described nonconformity involves a building or structure, said building or structure shall not be permitted to be relocated elsewhere on the property or enlarged or extended by separate and detached construction.
(2) Residential. A legal nonconforming residential structure may expand if such expansion does not exceed 50% of the floor area of the original structure provided that the expansion is in conformance with the regulations of the district applicable immediately prior to the effective date of the Airport Overlay District, other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. This provision shall not permit the construction of separate and detached residential structures or the relocation of such structure elsewhere on the property.
(3) Accessory structures. The construction, expansion and alteration of accessory structures, such as garages, barns, swimming pools and fences shall be permitted. Said construction, expansion or alteration shall conform to the requirements of the applicable zoning district.
(D) Change of legal nonconforming use. If no structural alterations are made, any legal nonconforming use of land, building or structure may be changed to another legal nonconforming use provided the proposed use is of the same or more restricted classification, upon review and approval by the Building Official and Planning Director. Under no circumstances shall a nonresidential legal nonconforming use be converted to a residential nonconforming use.
('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2010-32, passed 7-7-2010)