A.

Intent.

1.

Within the districts established by this ordinance or its amendments, there may exist lots, structures, land usage or other characteristics which were lawful prior to the enactment of this ordinance or its amendments, but which do not now conform to the regulations of the district in which it is located. It is the intent of this ordinance to discourage the continuance of such nonconformance and to provide for an efficient, fair and responsible process for their termination.

2.

It is also the intent of this ordinance that existing nonconforming uses be prohibited from enlargement, expansion or use as a base for adding other structures or uses prohibited elsewhere in the same zoning district.

3.

Nonconforming uses are hereby declared to be incompatible with the uses permitted by right and the specific uses authorized by specific use permit within the district involved.

B.

Regulation of nonconforming uses. Unless otherwise provided, no nonconforming use of land or buildings nor any nonconforming structures may be enlarged, changed, altered or repaired except in conformity with the regulations contained in this article.

C.

Nonconformance status. Any use or structure which does not conform with the regulations of the zoning district in which it is located is deemed to be a nonconforming use when:

1.

The use or structure was in existence and lawfully operating at the time of the passage of [Zoning] Ordinance No. 70-E on March 23, 1970, was lawfully operating at the time of the passage of this ordinance, and has since been in regular and continuous use; or

2.

The use or structure was lawfully being used at the time of the passage of Zoning Ordinance No. 70-E on March 23, 1970, was lawfully being used at the time of the adoption of any amendment to this ordinance and by such amendment was placed in a district wherein it is not otherwise permitted; or

3.

The use or structure was in existence at the time of annexation to the City of Crockett and has since been in regular and continuous use.

D.

Continuing lawful use of property.

1.

The lawful use of land existing at the time of the passage of this ordinance may be continued until termination is required in accordance with the provisions of the article. If discontinuance occurs between the time of designation as nonconforming and notification of a termination date, any future use of the premises must be in conformity with the general provisions of this ordinance.

2.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Discontinuance or abandonment is defined as follows:

a.

When land use for a legal nonconforming use ceases to be used in such a manner for a period of thirty (30) days.

b.

When a structure designed or used for a nonconforming use, except a private club, ceases to be used in such a manner for a period of one hundred twenty (120) days. A structure used for a nonconforming private club is discontinued or abandoned if it ceases to be used in such a manner for a period of ninety (90) days.

3.

Abandonment of a nonconforming use will be determined by the board of adjustment and may include a consideration of the following factors in addition to the prima facie evidence of abandonment cited in subsection 2, above:

a.

The intent of the user or owner; or

b.

The apparent act of discontinuance as supported by evidence submitted to the board of adjustment.

E.

Substitution of nonconforming uses prohibited. No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only uses permitted by right and uses authorized by specific use permit may be substituted for nonconforming uses or structures.

F.

Restoration of damaged property. A nonconforming building which is damaged by fire, explosion, wind, flood, earthquake, or other calamity or act of God or the public enemy to the extent of fifty (50) percent or more of its reasonable value may not be restored except in conformity with the regulations of the district in which it is located.

(Ord. No. O-5B-86, § 1, 5-19-86)

The code enforcement officer is responsible for the production of an annual survey and report on the status of zoning nonconformance. The officer's report must be sent to the board of adjustment at its first regular meeting of the official municipal year. The board must review the report and must approve or reject the certification of each site that the officer has identified as being nonconforming. Once certified by the board as nonconforming, a site must be given a numerical designation for future reference. Upon receipt of the certified report from the board of adjustment, the officer must notify each user and owner of the official nonconforming use certification of his/her property.

A.

The right to use a parcel of land or a structure in a nonconforming manner must terminate under any of the following circumstances:

1.

When the use is abandoned.

2.

When any provision of this or any other ordinance is violated with respect to a nonconforming use.

3.

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

4.

When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than fifty (50) percent of its value.

5.

When the right to maintain or operate a nonconforming use has been terminated in accordance with an amortization schedule established by the board of adjustment as described in section 504 of this ordinance.

A.

Responsibility of the board of adjustment. It is the responsibility of the board of adjustment to provide a program for the orderly termination of all nonconforming land uses and structures in Crockett. The board must cooperate with the code enforcement officer in reviewing the status of certified nonconforming uses and structures for amortization scheduling and termination.

B.

Public hearing required prior to amortization scheduling. Prior to the establishment of an amortization schedule for a nonconforming land use or structure, the board of adjustment must hold a public hearing. Notice of the hearing must be given in conformance with section 603 of this ordinance.

C.

Factors to be used by the board in amortization scheduling. In determining the amortization schedule for the termination of a certified nonconforming land use or structure, the board of adjustment must consider the following factors:

1.

The length of time required for the user or owner of the property to amortize his/her investment.

2.

The general condition of the site and facility.

3.

The length of time the property has been used or owned.

4.

Conforming land use activities that can be used in connection with the site in question.

5.

The land use activities surrounding the site in question.

6.

The long-range land use plans of the City of Crockett and the place of the site in question with regard to those plans.

D.

Notification and recording of the amortization schedule. The board of adjustment must send a copy of all approved amortization schedules for the termination of nonconforming uses or structures to the owners and lessees of such sites. The termination date and the reasons for the schedule term must be clearly described in the notice. The code enforcement officer must keep a permanent record of all amortization schedules for Crockett.

E.

Violations of an amortization schedule. The failure of a user or owner of a certified nonconforming land use activity or structure to comply with the termination date of a recorded amortization schedule constitutes a violation of this section of the ordinance and is punishable in accordance with the terms of Article 6 of this ordinance.