NONCONFORMING USES
A use of land for storage purposes which becomes nonconforming by reason of a subsequent change in this article shall be discontinued within two years from the effective date of such change, unless provided otherwise in the ordinance by which the change is effected.
(Code 1969, § 46-116; Code 1988, § 15-456; Ord. No. 3140, § 1, 6-8-1981)
A use lawfully being made of a building on March 26, 1967, may be continued, although such use does not conform to the provisions of this article. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Code 1969, § 46-117; Code 1988, § 15-457)
Whenever the lawful use of a building becomes nonconforming through a change in this article or change of district boundaries, such use may be continued; and if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification.
(Code 1969, § 46-118; Code 1988, § 15-458)
If a nonconforming use of any building or premises is discontinued for a period of two years, the use thereof shall thereafter conform to the use regulations of the district in which it is located.
(Code 1969, § 46-119; Code 1988, § 15-459)
Except when required to do so by law or by order of a court of competent jurisdiction, no existing building or premises devoted to a use not in conformity with the use regulations contained in this article for the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.
(Code 1969, § 46-120; Code 1988, § 15-460)
(a)
When a building, the use of which does not conform to the provisions of this article, is damaged by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its fair market value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.
(b)
When a building, the use of which does not conform to the provisions of this article, is damaged by fire, explosion, act of God or the public enemy to the extent of less than 60 percent of its fair market value, it may be restored and again devoted to its prior use if the board of adjustment finds some compelling reason therefor and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(Code 1969, § 46-121; Code 1988, § 15-461)
When a lot or tract of land which, prior to March 27, 1967, was by the owner thereof rented or leased to another for the purpose of placing thereon an individual mobile home, and such mobile home having been actually used on such lot or tract as a dwelling place and owned by someone other than the owner of freehold interest in the lot or tract, such use heretofore having been lawfully made of such land but which does not now conform to the provisions of this article shall be discontinued prior to March 27, 1969. If any conflict between this section and other sections in this article is found to exist, it is the express intent of the city council that this section shall prevail over such other section.
(Code 1969, § 46-122; Code 1988, § 15-462)
NONCONFORMING USES
A use of land for storage purposes which becomes nonconforming by reason of a subsequent change in this article shall be discontinued within two years from the effective date of such change, unless provided otherwise in the ordinance by which the change is effected.
(Code 1969, § 46-116; Code 1988, § 15-456; Ord. No. 3140, § 1, 6-8-1981)
A use lawfully being made of a building on March 26, 1967, may be continued, although such use does not conform to the provisions of this article. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Code 1969, § 46-117; Code 1988, § 15-457)
Whenever the lawful use of a building becomes nonconforming through a change in this article or change of district boundaries, such use may be continued; and if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification.
(Code 1969, § 46-118; Code 1988, § 15-458)
If a nonconforming use of any building or premises is discontinued for a period of two years, the use thereof shall thereafter conform to the use regulations of the district in which it is located.
(Code 1969, § 46-119; Code 1988, § 15-459)
Except when required to do so by law or by order of a court of competent jurisdiction, no existing building or premises devoted to a use not in conformity with the use regulations contained in this article for the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.
(Code 1969, § 46-120; Code 1988, § 15-460)
(a)
When a building, the use of which does not conform to the provisions of this article, is damaged by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its fair market value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.
(b)
When a building, the use of which does not conform to the provisions of this article, is damaged by fire, explosion, act of God or the public enemy to the extent of less than 60 percent of its fair market value, it may be restored and again devoted to its prior use if the board of adjustment finds some compelling reason therefor and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(Code 1969, § 46-121; Code 1988, § 15-461)
When a lot or tract of land which, prior to March 27, 1967, was by the owner thereof rented or leased to another for the purpose of placing thereon an individual mobile home, and such mobile home having been actually used on such lot or tract as a dwelling place and owned by someone other than the owner of freehold interest in the lot or tract, such use heretofore having been lawfully made of such land but which does not now conform to the provisions of this article shall be discontinued prior to March 27, 1969. If any conflict between this section and other sections in this article is found to exist, it is the express intent of the city council that this section shall prevail over such other section.
(Code 1969, § 46-122; Code 1988, § 15-462)