The intent of this chapter is to specify the conditions upon which certain nonconforming buildings or uses may be continued or altered, and the conditions upon which said uses shall be terminated. This chapter shall not apply to signs, which are subject to chapter 17-44, B.M.C., or to buildings in the RR Rural Residential District, which are subject to chapter 17-09, B.M.C., or to buildings in the E-3 Estate District, which are subject to chapter 17-13, B.M.C.

(Ord. 856 §3, 1989; Ord. 1365 §3, 1999; Ord. 1593 §1, 2001)

Nonconforming uses and buildings may be continued or altered, subject to the following conditions:

(A)

A nonconforming use or building shall not be expanded, enlarged, or relocated.

(B)

Whenever less than 50% of a nonconforming use or building has been destroyed for any reason, such use or building may be restored to its former condition, provided that such work is started within twelve months and completed within twenty-four months of the event destroying part of the use. For purposes of this chapter, less than 50% of a nonconforming building shall be deemed destroyed if the cost of restoring the building to its predestruction condition is less than 50% of the fair market value of the building (as determined by an appraiser acceptable to the city manager or his or her designee) immediately prior to such destruction. For purposes of this chapter, less than 50% of a nonconforming use (other than a building) shall be deemed destroyed if the remaining area occupied by the use is 50% or more of the area occupied immediately prior to such destruction.

(C)

Nonconforming uses and buildings may be repaired and maintained, but not expanded.

(D)

A nonconforming building or use may not be altered except upon grant of a variance by the board of adjustment as provided in chapter 2-40, B.M.C.

(Ord. 856 §3, 1989; Ord. 1935 §45, 2011)

(Ord. No. 2138, § 45, 4-6-21)

A nonconforming building or use shall be deemed abandoned and shall thereafter be occupied and used only for a conforming use if any of the following occur:

(A)

The nonconforming use is discontinued for a period of one year;

(B)

A nonconforming use is altered or changed to a conforming use; or

(C)

50% or more of the nonconforming use is destroyed. For purposes of this chapter, destruction may be by natural causes, human causes, or operation or enforcement of law.

(Ord. 856 §3, 1989)

Nothing in this chapter pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, discontinuance, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding of public utility distribution stations, buildings, structures, uses, equipment, and facilities; provided that there is no change of use or increase of areas so used.

(Ord. 856 §3, 1989)

Where off-street parking or loading facilities for buildings do not conform to the provisions of this title, such buildings shall not be expanded, unless all requirements for off-street parking and loading space for the expansion are satisfied.

(Ord. 856 §3, 1989)