(a)

Generally. Subject to the provisions of this article, a nonconforming use may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure that was arranged or designed for the nonconforming use at the time of adoption of this UDC is not an extension of a nonconforming use.

(b)

Casualty loss. If the building or structure in which a nonconforming use is damaged to the extent that the cost of repair exceeds fifty (50) percent of the appraised value of the property (including the building) for tax purposes, then the nonconforming use of the property shall not be resumed.

(Ord. No. 33-2017, § 1, 12-6-17)

If a nonconforming use is changed to a different use, the new use shall be a use that conforms to the regulations of the zone in which the use is located. After such change, all future use of the subject property shall comply with applicable provisions of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Nonconforming uses that involve structures. If a nonconforming use involving a structure is discontinued from use for a period of six (6) months, further use of the subject property shall conform to the requirements of this UDC.

(b)

Nonconforming uses that do not involve structures. If a nonconforming use not involving a structure is discontinued for a period of three (3) months, further use of the subject property shall conform to the requirements of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. In many instances, nonconforming uses may be integral parts of the city's fabric, that is, its character and function, so their continuing existence promotes the city's policy of retaining existing businesses or protecting its character and neighborhoods. In these instances, the classification "nonconforming use" and resulting restriction on investment may not be what the community desires. As such, a nonconforming use may be made "conforming" pursuant to this Section in order to remove the potential stigma associated with the "nonconforming" designation.

(b)

Limitation. Unlawful uses may not be made conforming under this section.

(c)

Conversion by conditional use approval; standards. A conditional use approval may be granted to make a nonconforming use "conforming," if:

(1)

The criteria for approval of a conditional use set forth in section 21-2-302, are met; and

(2)

The use has minimal nonconformities and has been integrated into the function of its surrounding neighborhood or zone, as evidenced by the following:

a.

Nearby city residents regularly patronize the use or are employed by the use (for nonresidential uses in or abutting residential neighborhoods).

b.

Management practices eliminate nuisances such as:

1.

Spillover of noise or light;

2.

Odors and appearance of waste materials and litter;

3.

Unreasonably congested on-street parking; or

4.

Comparable conflicts with abutting and nearby properties.

c.

There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).

d.

If the use is nonresidential, it is licensed in accordance with the applicable ordinances of the city.

e.

The use has been maintained in good condition and its classification as a nonconforming use would be a disincentive for such maintenance.

(d)

Conditions. Conditions may be imposed relative to bufferyards, landscaping, or other site design provisions, or other limitations (including limitations on future expansion or operational characteristics) necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, lighting, landscaping, parking, drainage, or operations of the use.

(e)

Effect of approval. Uses that comply with the terms of a conditional use approval that is issued in accordance with this section are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the conditional use permit, and subject to its terms. Conditional use approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

(f)

Effect of denial. If an application for conversion of a nonconforming use is denied, the use may thereafter continue as a nonconforming use.

(Ord. No. 33-2017, § 1, 12-6-17)