The purpose and intent of this article is to regulate and limit the development and continued existence of uses and structures that were lawfully established but do not comply with the regulations of this land development code and were made nonconforming by the original adoption of this land development code or subsequent amendments hereto. A use is nonconforming if it fails to comply with all the requirements of the zoning district in which it is located or any land development regulation or is located in a nonconforming building. A lot, a building or a structure is nonconforming if it fails to comply with the requirements of the zoning district in which it is located or the land development regulations or it houses, or is the site of a nonconforming use.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

No existing building, structure or lands devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use or when required to do so by law.

A.

Restoration. Any nonconforming structure which has less than fifty (50) percent of its previous existing floor area made unsafe or unusable, may be restored or reconstructed for its intended use, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one (1) year after damages occur or such use shall not be rebuilt except as a conforming use.

B.

Repair. Normal maintenance repair and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use or increase the noise level, amount of odors, or emissions emanating from the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided however, that no structural alterations shall be made which would increase the number of dwelling units or the square footage or height of any building.

C.

Site or building alterations. Site or building alterations to nonconforming lands, buildings, or structures are not permitted unless the city commission finds that:

1.

The land, building, or structure is nonconforming because one (1) or more physical characteristics, not including use, of the development are nonconforming; and

2.

The proposed alterations do not increase the size of the building or structure; and

3.

Proposed alterations do not permit a nonconforming use to be expanded. No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land, building, or structure than was occupied on the date the use became nonconforming.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Nonconforming uses of land, buildings or structures. No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land, building or structure than was occupied at the effective date of adoption or amendment of the ordinance from which this section is derived.

B.

No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this section.

C.

No existing land, building or structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in its zoning district.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Abandonment. A nonconforming use discontinued or not used for a period of more than ninety (90) consecutive days (not including closure for renovations or repairs) or the change of use to a conforming use for any period of time, shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived. When a nonconforming lot, building or structure is not used for a period of ninety (90) consecutive days (except when governmental action impedes access to the premises), the land, building, or structure shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located. If a nonconforming use is discontinued or abandoned on a portion of the land or structure for ninety (90) consecutive days, that portion of the land or structure shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

B.

Land or structures shall not be deemed to be active and in continued nonconforming usage solely from the existence of a state license or local business tax receipt permitting such a use or business, but such use or business must be actively undertaken, staffed and in operation, unless other facts show legally sufficient activity, for such use or business to be deemed in active continued nonconforming usage.

C.

It shall constitute a rebuttable presumption that the use has been abandoned if a land, building, or structure is noted by city code inspectors or police officers to be vacant and/or unoccupied during the ninety-day period. Unoccupied means any land, building or structure which is not being used by persons authorized by the owner of the property on which such building or structure is located. Vacant and/or unoccupied also means where utility services have been terminated.

D.

Partial destruction. When fifty (50) percent or more of the existing floor area of a nonconforming structure is destroyed by fire or other casualty or act of God and as a result becomes unsafe or unusable, the use of such structure as a nonconforming use shall thereafter be terminated. Provided that, where a nonconforming use is a residence located in a residential zoning district, it may be reconstructed to its prior condition, even if more than fifty (50) percent of the floor area is destroyed.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)