Any structure or use of land existing at the time of the enactment of this chapter, or any amendment thereto, used for a purpose not permitted in the zoning district in which it is located shall be considered a nonconforming use and shall be regulated as follows.

(Code 1978, § 12.94; Code 1995, § 156.060; Ord. of 1-10-1972)

(a)

Generally. No structure or land containing a nonconforming use shall hereafter be extended, nor shall its total value be enhanced, except as provided in this section and section 46-111.

(b)

Discontinuance of open-air uses.

(1)

All nonconforming uses not carried on within a structure, except those which are incidental and necessary to activities within a structure, shall be discontinued within three years from the effective date of [the ordinance from which] this chapter [is derived] for the zoning area.

(2)

All such uses which are made nonconforming by an amendment of this chapter or extension of the area in which this chapter is applicable, shall be discontinued within three years after the date of such amendment or extension.

(3)

Uses to be discontinued under this section shall include outdoor sales areas; automobile parking lots not immediately adjacent to and used in conjunction with a structure which the parking lot serves, storage yards, signs, billboards, and similar uses.

(4)

Where nonconforming use status applies to structure and premises in combination, if the building is removed or destroyed, the nonconforming use of the land shall cease and any subsequent use of the land and buildings placed thereon shall be in conformity with the provisions of this chapter.

(c)

Continuance of nonconforming uses. Any nonconforming use may not be changed to any other nonconforming use.

(d)

Continuance of nonconforming structures. A nonconforming structure may be enlarged or extended, provided that its nonconformity is not increased and provided that if such structure is to be remodeled or rebuilt to an extent exceeding one-third of its then reproducible value, as determined by the administrative officer, the entire building or structure must be in conformity with the dimensional requirements of the district.

(e)

Reconstruction prohibited. Any nonconforming structure or any structure containing a nonconforming use, which has been damaged by fire or other causes, may be reconstructed and used as before if it is done within one year of such damage, unless such structures have been determined by the administrative officer to have been damaged to an extent exceeding 50 percent of its then reproducible value or its bulk, exclusive of foundations, in which case any repair, reconstruction, or use shall be in conformity with the provisions of this chapter.

(f)

Resumption of nonconforming use prohibited. The resumption of a nonconforming use of a structure shall not be permitted [if] such nonconforming use is discontinued or ceases, regardless of intent, for a continuous period of one year.

(Code 1978, § 12.95; Code 1995, § 156.061; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)