40 - NONCONFORMING USES
Sections:
Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use, or the building or structure, does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified in this title. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification or a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law, for a period of one year, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and all future uses shall comply with the regulations of the particular district in which the land or building is located.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
This chapter does not require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of the ordinance codified in this title or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter requires any change in the construction, alteration or intended use of any structure.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of five years from the date of the adoption of the ordinance codified in this title. After the expiration of the five-year period, such lands shall be used only in conformance with the regulations of the district in which they are located.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
Any building or structure existing at the date of the adoption of the ordinance codified in this title which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this ordinance for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or portions thereof replaced do not exceed twenty-five percent of the building's appraised valuation, as shown on the latest assessment roll of the city.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
This chapter applies to structures, land and uses which become nonconforming after the effective date of the ordinance codified in this title due to redistricting of any lands under this title.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
40 - NONCONFORMING USES
Sections:
Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use, or the building or structure, does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified in this title. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification or a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law, for a period of one year, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and all future uses shall comply with the regulations of the particular district in which the land or building is located.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
This chapter does not require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of the ordinance codified in this title or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter requires any change in the construction, alteration or intended use of any structure.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of five years from the date of the adoption of the ordinance codified in this title. After the expiration of the five-year period, such lands shall be used only in conformance with the regulations of the district in which they are located.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
Any building or structure existing at the date of the adoption of the ordinance codified in this title which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this ordinance for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or portions thereof replaced do not exceed twenty-five percent of the building's appraised valuation, as shown on the latest assessment roll of the city.
(Ord. 445 § 2 (Exbt. A) (part), 1986)
This chapter applies to structures, land and uses which become nonconforming after the effective date of the ordinance codified in this title due to redistricting of any lands under this title.
(Ord. 445 § 2 (Exbt. A) (part), 1986)