Butler City Zoning Code
ARTICLE XXIV
- NONCONFORMING USES
Section 1: - Purpose and Intent
There exist certain incompatible lots, building, structures, signs and uses of land which were lawful prior to the adoption/amendment of this ordinance, but which afterword would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. These are known as non-conforming uses.
(Ord. of 3-12-2019)
Section 2: - Continued Use
The lawful use of any building, structure, sign or land existing at the time of enactment of this ordinance may be continued even though such use does not conform to the provisions of this ordinance.
(Ord. of 3-12-2019)
Section 3: - Expansion and Alterations
The use of any building, structure, sign or land deemed nonconforming at the time of adoption/amendment of this ordinance shall not be expanded to or moved to new lands or enlarged upon existing land unless such use is changed to a use permitted in the district in which such use is located.
The City Council may grant variances from these provisions pursuant to the standards for granting variances set forth in Article XXVI.
(Ord. of 3-12-2019)
Section 4: - Abandonment
The use of any building, structure, sign or land deemed non-conforming at the time of adoption/amendment of this ordinance shall be considered abandoned after discontinuance of the non-conforming use for 12 consecutive months.
(Ord. of 3-12-2019)
Section 5: - Re-establishment/Restoration
The use of any building, structure, sign or land deemed non-conforming at the time of adoption/amendment of this ordinance shall not be re-established after discontinuance or abandonment for 12 consecutive months.
(Ord. of 3-12-2019)
Section 6: - Restoration to a Safe Condition
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.
(Ord. of 3-12-2019)
Section 7: - Change in Tenancy or Ownership
The use of any building, structure, sign or land deemed non-conforming at the time of adoption/amendment of this ordinance shall be allowed to change in ownership or tenancy.
(Ord. of 3-12-2019)
Section 8: - Change in Use
The use of any building, structure, sign or land deemed non-conforming at the time of adoption/amendment of this ordinance shall not be changed to another non-conforming use.
(Ord. of 3-12-2019)
Section 9: - Buffers and Screening of Nonconforming Uses
For requirements regarding Buffers and Protective Screening in this district, see Article VI, Section 23 of this Ordinance.
(Ord. of 3-12-2019)