El Lago City Zoning Code
CHAPTER IV
NONCONFORMING USES OF A PREMISES
§ 4.01 Nonconforming uses.
A nonconforming use is a use of a premises which was lawfully established and maintained at the time of the passage or amendment of this ordinance but which, because of the application of this zoning ordinance to it, does not conform to the regulations of the zoning district in which it is located. A nonconforming building, or a nonconforming portion of a building, shall be deemed to constitute a nonconforming use of the land upon which it is located. Nonconforming uses are regulated as follows:
(1)
Except as hereinafter specified, a nonconforming use or structure may be continued; provided, however, that this provision does not apply to any use, building, or structure established in violation of any zoning ordinance previously in effect in the City of El Lago unless said use, building, or structure now conforms with this ordinance.
(2)
If a nonconforming use or structure or residential unit is damaged or destroyed to an extent of more than fifty-one (51) percent of its fair market value by fire, explosion, act of God, or any other action, then any restoration or new construction shall be for a permitted or conforming use. The computing of a percentage of damage or destruction to a nonconforming use composed of a group in individual structures, which are principal buildings, shall be based on the fair market value of the entire development comprising the group and not the individual structure.
(3)
Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by proper authority.
(4)
No nonconforming use of a building, structure, or land shall be changed, extended, reconstructed, enlarged, moved or structurally altered, unless:
(i)
Such change is required by law or order;
(ii)
The use thereof is changed to a use permitted in the district in which such building, structure or land is located;
(iii)
Such alterations, improvements or reconstructions which are structural in nature are made during its lifetime subsequent to becoming a nonconforming use to an extent in the aggregate not to exceed ten (10) percent of the fair market value of the building or structure, unless it is changed to a conforming use.
(iv)
Authority has been granted by the board of adjustment to extend a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use became nonconforming, if no structural alterations, excepting those required by law, are made therein.;
(v)
Such change has the purpose of expanding off-street parking and/or off-street loading capabilities.
(5)
Any nonconforming use which is, or which hereafter becomes, vacant or remains unoccupied for a continuous period of one (1) year shall not thereafter be occupied except by a use, which conforms to the regulations for the district in which it is located.
(6)
No nonconforming use shall be changed to another nonconforming use.
(7)
Nothing herein contained shall require any change in plans, construction or designated use of the building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within the time permitted by said building permit.
(8)
Any use or structure which was previously nonconforming and which becomes conforming by change in the use or structure, or at the effective date of this ordinance, or by virtue of subsequent amendments thereto, shall not be controlled by the provisions set forth herein applying to nonconforming uses or structures and shall not thereafter be changed to a nonconforming use.
(9)
A nonconforming use of land not involving a building or structure, or involving buildings, structures or improvements which have an assessed value of less than five hundred dollars ($500.00) shall be discontinued within two (2) years from the effective date of this ordinance, and any such change which becomes nonconforming by reasons of a subsequent change in this ordinance or in the zone boundaries shall be discontinued within three (3) years from the effective date of such change.
(Ordinance 441, secs. 2—4, adopted 7/18/16)