NONCONFORMING USES
Nonconforming uses, buildings, structures, signs and billboards may be continued subject to the provisions of this article.
(Ord. No. 2010-4, art. XIII, 2-16-2010; Ord. No. 2013-12, art. XIII, 12-2-2013)
A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to a conforming use, the premises shall not thereafter be used for any nonconforming use.
(Ord. No. 2010-4, § 130, 2-16-2010; Ord. No. 2013-12, § 130, 12-2-2013)
A nonconforming use shall not be enlarged to occupy greater land area than occupied at the time of this chapter; provided, however, a nonconforming use of any building may be extended to any portion of said building which was, at the time such use became nonconforming, manifestly arranged or designed for such use. A nonconforming manufactured home in a residential zoning district may be replaced with a manufactured home meeting the requirements of sections 44-45 and 44-186.
(Ord. No. 2010-4, § 131, 2-16-2010; Ord. No. 2013-12, § 131, 12-2-2013)
A nonconforming structure shall not be enlarged or altered, unless such enlargement or alteration shall comply with all the structural and dimensional requirements of this article for the district in which it is located, except that alterations may be required by law, etc., or ordinance or ordered by an authorized office to secure the safety of the building.
(Ord. No. 2010-4, § 132, 2-16-2010; Ord. No. 2013-12, § 132, 12-2-2013)
When any nonconforming use is discontinued for a period exceeding one year after the date of notice by the zoning compliance officer or reasonable evidence of abandonment such as discontinuation of utilities or loss of any required permits for any reason whatsoever, any future use of the premises shall conform to the provisions of this chapter.
(Ord. No. 2010-4, § 133, 2-16-2010; Ord. No. 2013-12, § 133, 12-2-2013)
A nonconforming building or structure which is damaged by fire, flood, wind, or other act of God or man, to an extent exceeding 50 percent of its then replacement value, exclusive of foundations shall not be reconstructed, except in conformance with the structural and dimensional provisions of this chapter for the district in which it is located. A nonconforming use shall have one year to re-establish in accordance with the structural and dimensional requirements of the section for the district in which it is located after which time the use of land and property shall conform to the provisions of the section for the district in which it is located.
(Ord. No. 2010-4, § 134, 2-16-2010; Ord. No. 2013-12, § 134, 12-2-2013)
The zoning compliance officer shall conduct, or cause to be conducted by an authorized delegate, a check on all nonconforming uses at least once a year to determine whether or not they continue to operate. The zoning compliance officer shall maintain an accurate and up-to-date record of all nonconforming uses, including the date of their discontinuance.
(Ord. No. 2010-4, § 135, 2-16-2010; Ord. No. 2013-12, § 135, 12-2-2013)
NONCONFORMING USES
Nonconforming uses, buildings, structures, signs and billboards may be continued subject to the provisions of this article.
(Ord. No. 2010-4, art. XIII, 2-16-2010; Ord. No. 2013-12, art. XIII, 12-2-2013)
A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to a conforming use, the premises shall not thereafter be used for any nonconforming use.
(Ord. No. 2010-4, § 130, 2-16-2010; Ord. No. 2013-12, § 130, 12-2-2013)
A nonconforming use shall not be enlarged to occupy greater land area than occupied at the time of this chapter; provided, however, a nonconforming use of any building may be extended to any portion of said building which was, at the time such use became nonconforming, manifestly arranged or designed for such use. A nonconforming manufactured home in a residential zoning district may be replaced with a manufactured home meeting the requirements of sections 44-45 and 44-186.
(Ord. No. 2010-4, § 131, 2-16-2010; Ord. No. 2013-12, § 131, 12-2-2013)
A nonconforming structure shall not be enlarged or altered, unless such enlargement or alteration shall comply with all the structural and dimensional requirements of this article for the district in which it is located, except that alterations may be required by law, etc., or ordinance or ordered by an authorized office to secure the safety of the building.
(Ord. No. 2010-4, § 132, 2-16-2010; Ord. No. 2013-12, § 132, 12-2-2013)
When any nonconforming use is discontinued for a period exceeding one year after the date of notice by the zoning compliance officer or reasonable evidence of abandonment such as discontinuation of utilities or loss of any required permits for any reason whatsoever, any future use of the premises shall conform to the provisions of this chapter.
(Ord. No. 2010-4, § 133, 2-16-2010; Ord. No. 2013-12, § 133, 12-2-2013)
A nonconforming building or structure which is damaged by fire, flood, wind, or other act of God or man, to an extent exceeding 50 percent of its then replacement value, exclusive of foundations shall not be reconstructed, except in conformance with the structural and dimensional provisions of this chapter for the district in which it is located. A nonconforming use shall have one year to re-establish in accordance with the structural and dimensional requirements of the section for the district in which it is located after which time the use of land and property shall conform to the provisions of the section for the district in which it is located.
(Ord. No. 2010-4, § 134, 2-16-2010; Ord. No. 2013-12, § 134, 12-2-2013)
The zoning compliance officer shall conduct, or cause to be conducted by an authorized delegate, a check on all nonconforming uses at least once a year to determine whether or not they continue to operate. The zoning compliance officer shall maintain an accurate and up-to-date record of all nonconforming uses, including the date of their discontinuance.
(Ord. No. 2010-4, § 135, 2-16-2010; Ord. No. 2013-12, § 135, 12-2-2013)