NON-CONFORMING USES AND STRUCTURES
Editor's note— Ord. No. 3/98, § IV, adopted April 13, 1998, redesignated existing sections §§ 74-160—74-164 as div. 8, subdiv. I.
Editor's note— Ord. No. 3/98, §§ V, VII, adopted April 13, 1998, added subdiv. 2, §§ 74-166—74-168. Section V of the ordinance designated that the existing § 74-165 be included in the new subdiv. 2.
Except as hereinafter provided, the lawful operation of a non-conforming use as such use existed on the effective date of this ordinance or on the effective date of any amendment hereto by which the use became a non-conforming use, may be continued, with the following limitations:
(a)
Compliance with protection standards. Within not more than two years from the effective day of this ordinance, every non-conforming use shall comply with the protective standards established for the district in which such use is located.
(b)
Maintenance of number of dwelling units. The number of dwelling units in a non-conforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the non-conforming use on the effective date of this ordinance.
(c)
Extension or change in non-conforming use. A non-conforming use cannot be increased in the amount, intensity, or extent of such non-conforming use.
(Zoning Ordinance, § 6.1; Ord. No. 3/98, § V, 4-13-98)
The land area occupied by any non-conforming use on the effective date of this ordinance or on the effective date of any amendment hereto by which the use became a non-conforming use, shall not be increased, except to provide open off-street loading space for the non-conforming use, such space to be maintained in accordance with the regulation herein established. The purchase of any land adjoining the land area occupied by any non-conforming use, whether such use is in existence on the effective date of this ordinance or any amendment thereto, or arises at any time thereafter, by the owner of the land area occupied by such non-conforming use shall not extend the right of such non-conforming use to the newly acquired land area. A non-conforming use cannot be expanded or extended in any fashion, nor should the amount or intensity of such non-conforming use be increased, without full compliance with all of the provisions of this code as established for other use within the district in which the non-conforming use is located.
(Zoning Ordinance, § 6.201; Ord. No. 3/98, § V, 4-13-98)
A non-conforming use of a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance are made therein.
(Zoning Ordinance, §§ 6.202, 6.203; Ord. No. 3/98, § V, 4-13-98)
The non-conforming use of a building may be changed to another non-conforming use that is in the same (or higher) use group as the previous non-conforming use until the building is removed; provided, however, that a certificate of occupancy must be obtained before the change is made.
(Zoning Ordinance, § 6.204; Ord. No. 3/98, § V, 4-13-98)
Except as hereinafter provided, a non-conforming use that has been abandoned or discontinued for a period of six months shall not thereafter be reestablished.
(a)
Open land non-conforming use: A non-conforming use not conducted in a structure, or one in which a structure is incidental to the use of the land shall, after two years from the effective date of this ordinance, become a prohibited and unlawful use and shall be discontinued.
(b)
Destruction, damage, or obsolescence of structure: The right to operate and maintain any non-conforming use shall terminate whenever the structure or structures in which the non-conforming use is operated and maintained are damaged, destroyed, or become obsolete or substandard beyond the limits hereinafter established for the termination of the non-conforming structures.
(Zoning Ordinance, § 6.205; Ord. No. 3/98, § V, 4-13-98)
Except as hereinafter provided, any non-conforming structure may be occupied and operated and maintained in a state of good repair.
(Zoning Ordinance, § 6.206; Ord. No. 3/98, § VII, 4-13-98)
A non-conforming structure in which a non-conforming use is operated shall not be enlarged or extended; a non-conforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this ordinance established for structures in the district in which the non-conforming structure is located.
(Ord. No. 3/98, § VII, 4-13-98)
(a)
Structural repairs and alteration to a non-conforming structure may be permitted to the extent of 50 percent of its replacement value.
(b)
Any non-conforming structure which has been damaged to the extent of not exceeding 50 percent of its replacement valuation by reason of fire, flood, explosion, earthquake, riot, war, or act of God may be reconstructed and reused as before if such reconstruction is completed within 18 months from the time such damage occurred. If such damage is greater than 50 percent of the replacement valuation such structure may only be reconstructed to conform with the provisions of the use district in which it is situated. Percent of insured value shall be used to determine 50 percentile estimate. When not insured, local appraisal shall govern.
(Ord. No. 3/98, § VII, 4-13-98)
A non-conforming structure which becomes obsolete or substandard under any applicable ordinance and for which the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 50 percent of the replacement cost shall be removed at the cost of the owner of such structure.
(Ord. No. 3/98, § VII, 4-13-98)
NON-CONFORMING USES AND STRUCTURES
Editor's note— Ord. No. 3/98, § IV, adopted April 13, 1998, redesignated existing sections §§ 74-160—74-164 as div. 8, subdiv. I.
Editor's note— Ord. No. 3/98, §§ V, VII, adopted April 13, 1998, added subdiv. 2, §§ 74-166—74-168. Section V of the ordinance designated that the existing § 74-165 be included in the new subdiv. 2.
Except as hereinafter provided, the lawful operation of a non-conforming use as such use existed on the effective date of this ordinance or on the effective date of any amendment hereto by which the use became a non-conforming use, may be continued, with the following limitations:
(a)
Compliance with protection standards. Within not more than two years from the effective day of this ordinance, every non-conforming use shall comply with the protective standards established for the district in which such use is located.
(b)
Maintenance of number of dwelling units. The number of dwelling units in a non-conforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the non-conforming use on the effective date of this ordinance.
(c)
Extension or change in non-conforming use. A non-conforming use cannot be increased in the amount, intensity, or extent of such non-conforming use.
(Zoning Ordinance, § 6.1; Ord. No. 3/98, § V, 4-13-98)
The land area occupied by any non-conforming use on the effective date of this ordinance or on the effective date of any amendment hereto by which the use became a non-conforming use, shall not be increased, except to provide open off-street loading space for the non-conforming use, such space to be maintained in accordance with the regulation herein established. The purchase of any land adjoining the land area occupied by any non-conforming use, whether such use is in existence on the effective date of this ordinance or any amendment thereto, or arises at any time thereafter, by the owner of the land area occupied by such non-conforming use shall not extend the right of such non-conforming use to the newly acquired land area. A non-conforming use cannot be expanded or extended in any fashion, nor should the amount or intensity of such non-conforming use be increased, without full compliance with all of the provisions of this code as established for other use within the district in which the non-conforming use is located.
(Zoning Ordinance, § 6.201; Ord. No. 3/98, § V, 4-13-98)
A non-conforming use of a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance are made therein.
(Zoning Ordinance, §§ 6.202, 6.203; Ord. No. 3/98, § V, 4-13-98)
The non-conforming use of a building may be changed to another non-conforming use that is in the same (or higher) use group as the previous non-conforming use until the building is removed; provided, however, that a certificate of occupancy must be obtained before the change is made.
(Zoning Ordinance, § 6.204; Ord. No. 3/98, § V, 4-13-98)
Except as hereinafter provided, a non-conforming use that has been abandoned or discontinued for a period of six months shall not thereafter be reestablished.
(a)
Open land non-conforming use: A non-conforming use not conducted in a structure, or one in which a structure is incidental to the use of the land shall, after two years from the effective date of this ordinance, become a prohibited and unlawful use and shall be discontinued.
(b)
Destruction, damage, or obsolescence of structure: The right to operate and maintain any non-conforming use shall terminate whenever the structure or structures in which the non-conforming use is operated and maintained are damaged, destroyed, or become obsolete or substandard beyond the limits hereinafter established for the termination of the non-conforming structures.
(Zoning Ordinance, § 6.205; Ord. No. 3/98, § V, 4-13-98)
Except as hereinafter provided, any non-conforming structure may be occupied and operated and maintained in a state of good repair.
(Zoning Ordinance, § 6.206; Ord. No. 3/98, § VII, 4-13-98)
A non-conforming structure in which a non-conforming use is operated shall not be enlarged or extended; a non-conforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this ordinance established for structures in the district in which the non-conforming structure is located.
(Ord. No. 3/98, § VII, 4-13-98)
(a)
Structural repairs and alteration to a non-conforming structure may be permitted to the extent of 50 percent of its replacement value.
(b)
Any non-conforming structure which has been damaged to the extent of not exceeding 50 percent of its replacement valuation by reason of fire, flood, explosion, earthquake, riot, war, or act of God may be reconstructed and reused as before if such reconstruction is completed within 18 months from the time such damage occurred. If such damage is greater than 50 percent of the replacement valuation such structure may only be reconstructed to conform with the provisions of the use district in which it is situated. Percent of insured value shall be used to determine 50 percentile estimate. When not insured, local appraisal shall govern.
(Ord. No. 3/98, § VII, 4-13-98)
A non-conforming structure which becomes obsolete or substandard under any applicable ordinance and for which the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 50 percent of the replacement cost shall be removed at the cost of the owner of such structure.
(Ord. No. 3/98, § VII, 4-13-98)