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Muscatine City Zoning Code

CHAPTER 10

24 NONCONFORMING USE REGULATIONS

10-24-1 Nonconforming Use Of Buildings

  1. The lawful use of a building existing at the effective date of this Ordinance may be continued, although such does not conform to the provisions hereof, provided no structural alterations are made.
  2. A nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.
  3. 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.

10-24-2 New Structures

No new structures shall be erected nor shall any additional area of land be utilized other than that which is lawfully occupied and used at the time this Ordinance takes effect.

10-24-3 Abandonment

A nonconforming building, structure, or use shall be deemed abandoned if the building, structure, or use is discontinued for a period of one year. Said building, structure, or property shall not thereafter be returned to such nonconforming use and shall be used only in conformity to and with these regulations. A nonconforming use shall be considered abandoned:

  1. When the intent of the owner to discontinue the use is apparent; or
  2. When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year; or
  3. When a nonconforming use is replaced by a conforming use; or
  4. When a nonconforming use has been changed to another use under proper permit from the Zoning Board of Adjustment.

10-24-4 Rebuilding Or Restoration

  1. If a nonconforming building or use is damaged by fire, explosion, or other catastrophe to such an extent that the cost of restoration would be less than 50% of the assessed value of the building at the time of the catastrophe, such building or use may be rebuilt or restored and used again as previously.
  2. Such rebuilding or restoration shall be completed within twelve months after such catastrophe, and the building as restored shall not be greater in volume or floor space than the original nonconforming structure.
  3. If a nonconforming building or use is damaged to such an extent that the cost of restoration would exceed 50% of said value, such building or use shall not be restored and may be replaced only by a conforming building and use.

10-24-5 Discontinuance

If a nonconforming building, structure, or use is abandoned for one year after the adoption of this Ordinance, it shall not return to its nonconforming state, but must be brought into conformity with the regulations of the district in which it is located.

10-24-6 Change In Use

  1. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
  2. A nonconforming use may be changed to a use of the same or more conforming classification and such use thereafter shall not be changed to a less conforming classification.

10-24-7 Alterations To Nonconforming Uses

  1. The Zoning Board of Adjustment may, in appropriate circumstances and with appropriate safeguards, permit a nonconforming use to be changed to another nonconforming use, provided such changed use is more in conformity with the spirit and intent of this Ordinance than the prior use and is not more injurious, obnoxious, or offensive to the neighborhood.
  2. The Zoning Board of Adjustment may, in appropriate circumstances and with appropriate safeguards, permit an expansion of a nonconforming use if such expansion would not be injurious, obnoxious, or offensive to the neighborhood and would not constitute an expansion of more than fifty 50% of the previous gross floor area.

10-24-8 Existence Of A Nonconforming Use

Whether a nonconforming use exists shall be a question of fact and shall be decided by the Zoning Board of Adjustment after public notice and hearing and in accordance with the rules of the Board.

10-24-9 Intermittent Use

The casual intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.