In the interpretation and application of this ordinance, all provisions shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance other than this zoning ordinance; or with any rules, regulation or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this ordinance imposes a greater restriction than is required by any existing ordinance or by rules, regulations or permits, the provisions of this ordinance shall control. Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, morals and general welfare.

A.

Zoning Compliance Permit. No building, structure or sign shall be erected, altered, or moved, and no use shall be commenced, unless a zoning compliance permit has been issued by the zoning administrator prior to commencing that work or use.

1.

Except upon approval of a variance by the zoning board of appeals or upon the order of a court of competent jurisdiction, no zoning compliance permit shall be issued for the erection, alteration, or use of any building or structure, or for the use of any land which is not in accordance with all provisions of this ordinance and any conditions of approval imposed on the particular building, structure or use.

2.

A record of all zoning compliance certificates shall be kept on file in the office of the zoning administrator.

3.

No vacant land shall be used and no existing use of land or buildings shall be changed to a different class of use, nor shall there be any change that results in an increase in parking space requirements, unless a zoning compliance permit is first obtained for the new or changed use.

B.

Certificate of Occupancy. No building or structure erected or altered after the date of adoption of this ordinance shall be occupied or used unless and until a certificate of occupancy has been issued for that building or structure upon completion of construction. A certificate of occupancy shall constitute certification that the building, structure, use, parking, landscaping and all other required improvements fully comply with the applicable provisions of the zoning ordinance and any conditions of approval that may have been imposed by the city.

C.

Land Disturbance Permit. No clearing, grubbing, excavating, filling, grading or other land disturbance activities shall occur on a site or portion of a site unless and until a land disturbance permit has been issued.

Any permit or license issued in conflict with the provisions of this ordinance shall be considered null and void from the date of issue.

A schedule of fees for applications, permits and other purposes required by this ordinance shall be established from time to time by the mayor and council. The schedule shall be available to the public and shall be kept in the office of the zoning administrator.

A.

As a condition of approval of a site plan, special use, or planned unit development, the planning and zoning board or city council, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction that are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Those features or components, referred to as "improvements" may include, but shall not be limited to, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

B.

Performance guarantees shall be processed in the following manner:

1.

Prior to the issuance of a building permit, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies, but not-to-exceed 125 percent of the estimated cost of construction and materials.

2.

The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.

3.

Upon receipt of the required performance guarantee, a building permit shall be issued for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the city.

4.

The city, upon the written request of the owner, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

5.

When all of the required improvements have been completed, the owner shall send written notice to the city of completion of the applicable improvements. Thereupon, the city shall cause an inspection to be made of all the improvements and approve, partially approve, or reject the improvements with statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth and the owner will be directed to complete the missing items. Where partial approval is granted, the owner shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved. The city may withhold issuance of the certificate of occupancy until all improvements are completed.

6.

A record of authorized performance guarantees shall be maintained by the zoning administrator.

If any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provision of this ordinance, the zoning administrator shall, in addition to other remedies provided by law, and after due notice to the person in violation, issue a citation for the violation requiring the presence of the violator in a specially called hearing before the municipal court of the city. The municipal court judge shall give the person a full opportunity to be heard and, if the judge finds that a violation has occurred, the judge shall determine the extent and nature of the violation and the appropriate penalty. Where a violation has been determined to exist with respect to a building, structure or premises, the judge may, in addition to other remedies provided by law, require that public utility service be withheld from that premises until the violation is corrected. The decision of the judge may be appealed as provided by law. Further, upon the determination that a use is in violation of this ordinance, the zoning administrator, or any appropriate authority of the city, may bring an action in the superior court seeking an injunction to prohibit the use.

Any firm, person, corporation or owner of any building, structure, premises or part thereof, where any condition in violation of this ordinance either exists or has been created, and whomever has assisted knowingly in the commission of such violation shall, upon conviction, be guilty and shall be fined not less than $25.00 nor more than $1,000.00 or imprisoned for no more than 180 days or both for each offense. Each day a violation continues shall be deemed as a separate offense. The rights and remedies provided by this section are cumulative and in addition to any other remedies provided by law.

Any building or structure which is erected, repaired, altered, or converted; or any use of premises or land which is begun or changed subsequent to the time of passage and in violation of any of the provisions of this ordinance is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

The provisions of this ordinance shall be administered and enforced by the mayor and city council, planning and zoning board, zoning board of appeals and zoning administrator and their respective designees. The zoning administrator shall, among other duties, issue all permits and notices of violations provided for in this ordinance.

A.

Initiation of Amendments. Applications to amend this ordinance may be in the form of proposals to amend the text or proposals to amend the zoning map. An application to amend the text or the zoning map may be initiated by the planning and zoning board or be submitted to the planning and zoning board by the mayor and council or by any person having an interest in the city. Unless submitted by the mayor and council or the planning and zoning board, all applications for map amendments must be submitted by the owner of the subject property or the authorized agent of the owner. Such authorization shall be notarized and attached to the application.

B.

Application for Amendment. Each application to amend the text or the zoning map shall be filed with the zoning administrator on forms provided for that purpose along with the application fee and any other required documentation. Only compete applications, containing all required information and exhibits and the required fee, shall be processed by the zoning administrator, in accordance with the public notice and hearing requirements of this ordinance. An application shall not be withdrawn by the applicant after the legal notification has been processed by the city, except as hereinafter provided.

C.

Public Hearing. A public hearing, notice of which shall be given in accordance with the provisions of Section 21-10.F., shall be conducted by the planning and zoning board. The planning and zoning board shall adopt rules of procedure for the conduct of hearings.

D.

Planning and Zoning Board Recommendation. Upon completing the public hearing, the planning and zoning board shall consider the application, testimony of the applicant and public, all reports and supplemental information that may have been provided and shall make a recommendation to the city council to approve or deny the subject application. The applicant may also choose to withdraw the request, without prejudice, prior to a decision by the planning and zoning board. A report of the planning and zoning board's decision shall be submitted to the mayor and council and, by certified mail, to the applicant. The report shall contain the recommendation and findings in support of the recommendation. The planning and zoning board may also recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the district requested to a more restrictive district or recommend conditions of rezoning which may be deemed advisable so that the purpose of this ordinance will be served and the public health, safety and general welfare secured.

E.

Mayor and Council Decision. After receipt of the planning and zoning board's report and recommendation, the mayor and council shall hold a public hearing on the proposed amendment. Following the public hearing, the mayor and council may approve, deny or defer any application. An action to defer shall include a justification of such action and a specific meeting date to which the application is deferred. The mayor and council may, by a two-thirds vote of all members, allow an application to be withdrawn without prejudice with respect to the 12-month limitation of Section 21-11 H. The mayor and council may suggest additions or deletions of conditions of rezoning so the purpose of this ordinance will be served and the public health, safety and general welfare secured. Should the mayor and council suggest additions or deletions of conditions, such application may be referred back to the planning and zoning board for review and recommendation. The decision of the mayor and council shall be contained in a written report prepared by the city clerk. The report shall contain the decision and all grounds for the decision and shall be signed and approved by the mayor. One copy of the report shall become a part of the application file and one shall be sent to the applicant by certified U.S. mail.

F.

Public Notification.

1.

Legal Notice. Notice of the public hearing before the planning and zoning board and the mayor and council shall be published in the newspaper of general circulation within the city which carries the legal advertisements of the city. The notice shall contain the date, time, place and purpose of the public hearing, as well as the application number and a summary of the proposed amendment. In the case of a map amendment, the location of the subject property, its size, name of the owner, present zoning classification and the proposed change and/or classification shall also be included. This legal notice shall be published in at least two consecutive issues of the newspaper, the first of which shall appear at least 15 but no more than 45 days prior to the date of the public hearing.

2.

Notice to Interested Parties. Notice giving the date, time, place and purpose of the public hearing shall be given by certified mail to the applicant. All application files shall be in the custody of the zoning administrator and shall be open to public inspection during regular office hours.

3.

Posting of Property for Map Amendment.

a.

Erection of Sign. Within three working days after acceptance of a complete application, but not less than 15 days prior to the date of the planning and zoning board hearing, the zoning administrator shall cause a sign to be placed in a conspicuous location on the property for which the application was submitted. The location of the sign shall be clearly marked by the applicant prior to its erection. The sign shall be at least 24 by 48 inches in area and six feet high, indicating the application number, current zoning classification, proposed zoning classification and the scheduled date, time and place of the public hearing. The location of the sign shall be clearly visible to passing traffic.

b.

Deposit. At the time the application is filed, the applicant shall deposit with the zoning administrator an amount to be applied to the cost of the sign, in addition to the application fee. The zoning administrator shall record the deposit in the application file and tender the applicant a receipt for that amount. The application shall not be considered complete and shall not be processed until the deposit is made. Upon return of the sign to the zoning administrator, any remaining balance of the deposit shall be returned to the applicant, along with a statement of expenses.

G.

Standards for Map Amendment (Rezoning) Evaluation. All proposed map amendments shall be evaluated with special emphasis on the relationship of the proposal to the city's comprehensive plan and related development policies of the city. The following factors shall be considered by the planning and zoning board and the mayor and council when reviewing a request for rezoning:

1.

Whether or not the proposed zoning is consistent with the vision, goals, policies and future land use designation contained in the community agenda element of the city's comprehensive plan.

2.

Whether the proposed district and all of the uses permitted within that district are compatible with the physical characteristics of the subject site and will be compatible with the existing and intended surrounding uses in terms of density, traffic, noise and scale of development.

3.

Whether, if rezoned, the city is capable of serving the uses allowed, based on the capacity of available infrastructure such as water, sanitary sewer, storm sewer, street network, police and fire protection.

4.

Whether the property can be reasonably used as currently zoned.

5.

Whether property values in the immediate vicinity might be expected to be diminished as a result of development of the subject property under the proposed zoning classification.

H.

Limitation on Reapplying. Any application for a zoning amendment which is denied by the mayor and council shall not be reconsidered for a period of 12 months from the date of denial, unless the mayor and council agree by a two-thirds vote of all its members to reconsider the application. This limitation shall not apply to applications initiated by the mayor and council or the planning and zoning board.

Appeals from the decision of the zoning administrator with regard to enforcement of this ordinance shall be made to the zoning board of appeals.

A.

Membership and Appointments. The city planning and zoning board shall consist of five members residing within the city, appointed by the mayor and council. None of the members shall hold any other public office, except one member may also be a member of the zoning board of appeals. Members may be removed for cause by the mayor and council, upon written charges, and after public hearing. Any member of the planning and zoning board shall be disqualified to act upon a matter with respect to property in which the member or any member of his or her immediate family has an interest. It shall be deemed cause for removal should any board member, without proper reason as found by the mayor and council, fail to attend three consecutive meetings.

B.

Term of Office. The term of office for each member shall be for three years; however, in order to achieve staggered terms, for the first planning and zoning board, two members shall be appointed for three years; two for two years and one for one year. Any vacancy in the membership shall be filed for the unexpired term. If a zoning board of appeals member is on the planning and zoning board and ceases to be a member of the zoning board of appeals, his/her membership on the planning and zoning board shall terminate and the mayor and council may name another member of the zoning board of appeals to fill the unexpired term.

C.

Compensation. The members may receive compensation for their service as determined by the mayor and council.

A.

Officers. From its members, the planning and zoning board shall elect a chair and a vice-chair, each serving for one year or until re-elected or a successor is elected. The vice-chair shall have the authority to act as chair in the chair's absence. There shall also be appointed a secretary who may be an official or employee of the city.

B.

Meetings. The chair may administer oaths and compel the attendance of witnesses by subpoena. The secretary shall keep records of all official actions, including minutes of the meetings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All minutes and documentation shall be filed in the office of the city clerk.

C.

Decisions. The decisions of the planning and zoning board shall contain a statement of the subject matter being considered, the decision made, and the grounds for the decision reduced to written form.

D.

Rules of Procedure. The planning and zoning board shall adopt its own rules of procedure.

In order to protect the public health, safety, morals, convenience, prosperity and general welfare, as well as promote efficiency and economy in the development of the city, the planning and zoning board shall have the power and duty to:

A.

Prepare a comprehensive plan or parts thereof for the development of the city.

B.

Prepare and recommend for adoption to the mayor and council a zoning ordinance and zoning map for the city.

C.

Prepare and recommend for adoption to the mayor and council regulations for the subdivision of land within its political jurisdiction, and to administer the regulations that may be adopted.

D.

Prepare and recommend for adoption to the mayor and council a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a specified portion thereof.

E.

Review all applications for text and map amendments and all recommendations for text and map amendments referred to it by the mayor and council and make recommendations thereupon to the mayor and council.

F.

Make recommendations to the mayor and city council regarding special use requests and site plan review.

G.

Perform other duties that may be assigned to it by this ordinance.

A.

Membership and Appointments. The city zoning board of appeals shall consist of five members residing within the city and appointed by the mayor and council. None of the members shall hold any other public office, except that one member may also be a member of the planning and zoning board. Members may be removed for cause by the mayor and council, upon written charges, and after public hearing. Any member of the zoning board of appeals shall be disqualified to act upon a matter with respect to property in which the member or any member of his or her immediate family has an interest. It shall be deemed cause for removal should any member, without proper reason as found by the mayor and council, fail to attend three consecutive meetings.

B.

Term of Office. The term of office for each member shall be for three years; however, in order to achieve staggered terms, for the first zoning board of appeals, two members shall be appointed for three years; two for two years and one for one year. Any vacancy in the membership shall be filed for the unexpired term. If a planning and zoning board member is on the zoning board of appeals and ceases to be a member of the planning and zoning board, his/her membership on the zoning board of appeals shall terminate and the mayor and council may name another member of the planning and zoning board to fill the unexpired term.

C.

Compensation. The members may receive compensation for their service as determined by the mayor and council.

A.

Officers. From its members, the zoning board of appeals shall elect a chair and a vice-chair, each serving for one year or until re-elected or a successor is elected. The vice-chair shall have the authority to act as chair in the chair's absence. There shall also be appointed a secretary who may be an official or employee of the city.

B.

Meetings. Meetings shall be held at the call of the chair. The chair may administer oaths and compel the attendance of witnesses by subpoena. The secretary shall keep records of all official actions, including minutes of the meetings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All minutes and documentation shall be filed in the office of the city clerk.

C.

Decisions. The decisions of the zoning board of appeals shall contain a statement of the subject matter being considered, the decision made, and the grounds for the decision, reduced to written form.

D.

Quorum. Three members shall constitute a quorum for the conduct of business and a majority vote of those present shall be required to pass on any request coming before the zoning board of appeals.

E.

Rules of Procedure. The zoning board of appeals shall adopt its own rules of procedure.

A.

Appeals from Actions of the Zoning Administrator. The zoning board of appeals shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of these regulations.

1.

Who May Appeal. Appeals may be taken by any person aggrieved, or by an officer, department, board, or bureau of the city affected by any decision of the zoning administrator. Such appeals shall be filed no later than ten days after the date of notification of the decision appealed from by filing with the zoning board of appeals, through the zoning administrator, a notice of appeal specifying the grounds for the appeal. The zoning administrator shall immediately transmit to the zoning board of appeals all materials constituting the record upon which the action appealed from was taken.

2.

Legal Proceedings Stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the appeals board that a stay would, in his or her opinion, cause imminent peril to life and property. In such a case, proceedings shall only be stayed by restraining order granted by the zoning board of appeals or by a court of record.

3.

Basis of Decision. The zoning board of appeals, in considering the appeal, shall determine if the action of the zoning administrator was in conformance with the requirements of this ordinance and other applicable law. In order to overturn the action of the zoning administrator, the zoning board of appeals shall find that the action meets one or more of the following:

a.

The action was arbitrary or capricious.

b.

The action constituted an abuse of discretion or of the powers and duties of the zoning administrator as required by this ordinance.

c.

The action was based on an erroneous finding of material fact.

d.

The action was based on an erroneous interpretation of this ordinance or other applicable law.

4.

Extent of Authority. The zoning board of appeals may, in conformity with the provisions of these regulations, reverse or affirm by a majority vote of its membership, the requirement, decision, or determination of the zoning administrator. It may also direct the issuance of a permit over which the zoning administrator has authority. It shall be the duty of the zoning administrator to carry out the decision of the zoning board of appeals.

B.

Variances.

1.

Dimensional Variances. In order that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done, the zoning board of appeals may authorize upon appeal in specific cases variances from the dimensional terms of these regulations where it is determined that a variance will not be contrary to the public interest and, owing to special conditions of the property, a literal enforcement of this ordinance will result in practical difficulty or unnecessary hardship. A variance may only be granted in an individual case upon a finding by the zoning board of appeals that all of the following criteria are satisfied:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

b.

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship;

c.

The conditions are peculiar to the particular piece of property involved and not of such a general or recurrent nature as to warrant an amendment to this ordinance;

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; and

e.

A literal interpretation of this ordinance would deprive the applicant of any rights that others in the same zoning district enjoy.

2.

Conditions. In authorizing a variance, the zoning board of appeals may, in addition to any specific conditions of approval called for in this ordinance, attach other conditions deemed reasonably necessary for the furtherance of the intent and spirit of this ordinance and the protection of the public interest.

C.

Nonconforming Use and Nonconforming Building or Structure. The zoning board of appeals may authorize, in specific cases, a change of an existing nonconforming use or the reconstruction of a nonconforming building, in accordance with Article 24.

D.

Limits of Authority. The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property; approve a variance within a planned unit development or grant a variance to permit a use of land, building or structure that is prohibited by this ordinance in the zoning district in question.

E.

Existing Violations. If an application to the zoning board of appeals is initiated due to an existing violation of this ordinance and the application is denied, the violation shall be corrected within ten days of the denial or as specified by the zoning board of appeals if a greater time period is necessary.

F.

Application Procedures. All requests to the zoning board of appeals shall be made on forms provided by the zoning administrator. The completed application forms shall be filed with the zoning administrator, along with a fee as established by the mayor and city council. Upon receipt of the complete application, filing fee and any supporting documentation, the zoning administrator will forward the materials to the zoning board of appeals and shall schedule a public hearing as provided in this article. The zoning administrator shall not accept an incomplete application or one that is not accompanied by the required fee.

A.

Notice of Hearing. Before making its decision on an appeal, request for a variance, or any other matter authorized by this ordinance, the zoning board of appeals shall hold a public hearing. Notice of the time and place of the hearing shall be sent to the appellant or applicant by certified U.S. Mail at least 15 days prior to the date of the hearing.

B.

Newspaper Notice. The zoning board of appeals shall give public notice in a newspaper of general circulation within the city at least 15 days prior to the date of the hearing.

C.

Testimony. Any party may appear at the public hearing in person, by agent or attorney to offer testimony regarding the application.

A.

Compliance with Variance. The owner of property subject to a variance shall have taken substantial steps, as determined by the zoning board of appeals, to implement the variance within 12 months of the date the variance decision became final. If substantial steps have not been taken, the variance shall no longer be valid. However, upon written application filed prior to the expiration of the variance, the zoning board of appeals may grant one extension of the variance for up to 12 additional months if there is a showing of good cause for the variance to continue.

B.

Final Decision. The decision of the zoning board of appeals shall be made final within 30 days of the conclusion of the public hearing. The decision shall be made by a public vote and shall not be final until the resolution of the decision has been duly adopted and approved by the zoning board of appeals.

C.

Reconsideration of Request. An application to the zoning board of appeals which has been denied, in whole or in part, shall not be resubmitted to the appeals board within 12 months of the date of the denial, except in circumstances where the applicant submits substantial new evidence or proof of changed conditions regarding the original basis for denial.

D.

Appeal of Zoning Board of Appeals Decision. Denial of a request by the zoning board of appeals may only be appealed to a court of competent jurisdiction, in accordance with court procedures. Any appeal must be filed with the court within 30 days from the date the decision of the zoning board of appeals became final.

A.

It is recognized that there exist within zoning districts certain lots, buildings, structures and uses which were lawful before this ordinance was passed or amended, but are now prohibited, regulated or restricted under the terms of this ordinance. It is the intent to permit these legal nonconformities to continue until they are removed, but not to encourage their survival.

B.

Nonconforming lots, buildings, structures and uses are declared by this ordinance to be incompatible with the provisions of the districts in which they are located. It is the intent of this ordinance that these nonconformities shall not be enlarged upon, expanded, or extended, except as otherwise permitted in this article, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district.

C.

Nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently conducted.

D.

Nothing in this ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of zoning regulation in effect at the time of the adoption of this ordinance.

A.

Where a lot of record in existence at the time of adoption or amendment of this ordinance does not meet the minimum requirements for lot width or lot area, the lot of record may be used for any permitted use in the district in which the lot is located, provided that any building or structure constructed on the lot complies with all other requirements for the zoning district. The nonconforming lot may also be used for conditional or special uses, if it meets all applicable requirements of this ordinance for those uses.

B.

If two or more vacant lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this ordinance, or an amendment thereto, with continuous frontage and under single ownership do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of that parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this ordinance.

A.

A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than was occupied at the effective date of adoption or amendment of this ordinance.

B.

No part of any nonconforming use shall be moved unless that movement eliminates or reduces the nonconformity.

C.

If a nonconforming use is abandoned for any reason for a period of more than six months, any subsequent use shall conform to the requirements of this ordinance. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

1.

Utilities, such as water, gas and electricity to the property, have been disconnected;

2.

The property, buildings, and grounds, have fallen into disrepair;

3.

Signs or other indications of the existence of the nonconforming use have been removed;

4.

Equipment or fixtures necessary for the operation of the nonconforming use have been removed;

5.

Other actions which, in the opinion of the zoning administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

D.

A nonconforming use may be changed to another nonconforming use provided all of the following determinations are made by the zoning board of appeals:

1.

The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous nonconforming use, considering factors such as hours of operation, traffic, noise and similar external impacts.

2.

The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than the previous nonconforming use.

3.

That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this ordinance.

E.

Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses and similar open uses, where the only buildings on the property are ancillary to the open use and where the use is nonconforming, shall be subject to the following restrictions, in addition to all other applicable provisions of this article.

1.

When a nonconforming open use of land has been changed to a conforming use, it shall not be used again for any other nonconforming use.

2.

Nonconforming open uses of land shall only be converted to a conforming use.

3.

A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

4.

When any nonconforming open use of land is discontinued for a period of more than six months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

A.

Where a lawful building or structure exists at the effective date of this ordinance, or an amendment thereto, that does not comply with the requirements of this ordinance because of restrictions such as lot area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:

1.

No nonconforming building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by 50 percent or less of the distance required by this ordinance. Only in these cases may the nonconforming setback be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.

2.

In the event that a nonconforming building or structure is destroyed to an extent of more than 50 percent of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this ordinance; provided that the zoning board of appeals may, upon application, permit the reconstruction of the nonconforming building or structure if all of the following conditions are met:

a.

The prior nonconforming condition(s) shall not be increased.

b.

All building materials and architectural details shall conform to the requirements of Article 18.

c.

The new building or structure shall be placed on the original foundation, unless the building or structure could be so located as to reduce the extent of its nonconformity on the lot.

d.

The application to reconstruct the nonconforming building or structure shall be filed with the zoning administrator within six months of the event in which the building or structure was damaged or destroyed.

e.

The reconstruction of the building or structure shall not be detrimental to adjacent property and the surrounding neighborhood.

3.

If a nonconforming building or structure is moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this ordinance.

B.

None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would prevent strengthening or correcting any unsafe condition of the building or structure.

Any lot, use, building or structure established in violation of the provisions of this ordinance or any prior zoning ordinance or amendment shall not be considered a legal nonconformity and shall not be entitled to the provisions, remedies and safeguards of this article.