Lowry Crossing City Zoning Code
§ 25
NONCONFORMING USES AND STRUCTURES.
25-1
A nonconforming status shall exist under the following provisions of this ordinance:
(1)
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous Zoning Ordinance and has been operating since without discontinuance.
(2)
When on the effective date of this Ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous Zoning Ordinance or which was a nonconforming use hereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located.
25-2
No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment.
25-3
Repairs and normal maintenance may be made to a nonconforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming structure.
25-4
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
25-5
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy from the Building Official.
25-6
When a nonconforming use or business involving a permanent type structure is discontinued or the structure vacated for a period of one (1) year, the nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive proof of intent to abandon the nonconforming use. When a nonconforming use or business, not involving a permanent type structure, is discontinued or moved from the premises for a period of six (6) months, the nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive proof of intent to abandon the nonconforming use.
25-7
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may be rebuilt, reconstructed, or replaced, and continued as a nonconforming structure or nonconforming use, only on the following conditions:
If it is rebuilt, reconstructed, or replaced, by the person owning the structure at the time of the loss, and such action results in a structure equal to or better than the original structure. A person purchasing the property after the loss and before the structure has been rebuilt, reconstructed or replaced, may not rebuild, reconstruct or replace except to conform with the provisions of this ordinance. This subsection notwithstanding a Mobile Home destroyed by fire, the elements, or other cause, may not be replaced with another Mobile Home unless a variance is granted by the Board Of Adjustment; but may be replaced with a Manufactured Home without the necessity of obtaining a variance.
25-8
The Board of Adjustment may provide a termination date for a nonconforming use under a plan whereby the owner’s actual investment in the structure(s) prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period:
(1)
The owner’s capital investment in the structures on the property at the time the use became nonconforming.
(2)
The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization.
(3)
The life expectancy of the investment.
(4)
The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases.
(5)
Removal costs that are directly attributable to the establishment of a termination date.
(6)
Other costs and expenses that are directly attributable to the establishment of a termination date.
(Ordinance 110 adopted 8/3/99; Ordinance 195 adopted –/–/05)