NONCONFORMING USES
1.
The following lawful uses of land may be continued:
a)
A use of land which existed prior to the effective date of this ordinance, as defined in the definitions of this ordinance.
b)
A use of land existing at the time of the annexation of such land to the City, or at the time it comes under the zoning jurisdiction of the City.
c)
A use of land existing at the time an amendment is made to the zoning ordinance of the City which changes such land to a more restricted district, although any such use does not conform to the provisions of this ordinance. However, if such nonconforming use, or another nonconforming use to which the land may be changed, is discontinued for a period of two (2) years or more, then any future use of said premises shall be only in accordance with the provisions of the zoning ordinance of the City.
2.
The lawful use of a building located upon any land, except as provided in SECTION 2 below, may be continued although such use does not conform with the provisions of the zoning ordinance of the City and such use may be continued throughout the building if no structural alterations are made therein, except those required by law or ordinance. If no structural alterations are not made in such building, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted use classification. The foregoing provisions shall also apply to any uses of buildings which may be made nonconforming by any subsequent amendment or change of the zoning ordinance of the City. Notwithstanding anything to the contrary in this Article, a building which has been damaged or completely destroyed by fire, explosion, act of God, or the public enemy, may be repaired or restored within that building's original footprint, and in accordance with all other zoning regulations of the City.
(Ord. No. 217, 9-7-2010)
Nonconforming uses which may not be continued:
1.
Whenever a nonconforming use of building has been changed to a more conforming use, such use shall not thereafter be changed to a less conforming use.
2.
Where land is used for business signs, bulletin boards or billboards, at the time of passage of the zoning regulations, and are not in conformance with the zoning regulations, the use of such land for said business signs, bulletin boards or billboards shall be discontinued and the sign removed within five (5) years after the effective date of this ordinance, as defined in the definitions of this ordinance. Land, as used in this paragraph, shall mean signs on supports on vacant land, as well as signs on buildings.
3.
The premises upon which a mobile home is located at the time of the effective date of this ordinance, as defined in the definitions of this ordinance, shall revert to the use permitted in said district after said mobile home has been relocated. An unoccupied mobile home that has been unoccupied for a period of one (1) year from the effective date of this ordinance, as defined in the definitions of this ordinance, shall be subject to immediate removal.
(Ord. No. 217, 9-7-2010)
1.
Within one (1) year after the effective date of this Zoning Ordinance, as defined in the definitions of this ordinance, the City Building Official(s) shall by appropriate certificate certify all legal nonconforming uses in existence at the time of the adoption of this ordinance and in addition those which may have become nonconforming by the adoption of this ordinance.
(Ord. No. 217, 9-7-2010)
NONCONFORMING USES
1.
The following lawful uses of land may be continued:
a)
A use of land which existed prior to the effective date of this ordinance, as defined in the definitions of this ordinance.
b)
A use of land existing at the time of the annexation of such land to the City, or at the time it comes under the zoning jurisdiction of the City.
c)
A use of land existing at the time an amendment is made to the zoning ordinance of the City which changes such land to a more restricted district, although any such use does not conform to the provisions of this ordinance. However, if such nonconforming use, or another nonconforming use to which the land may be changed, is discontinued for a period of two (2) years or more, then any future use of said premises shall be only in accordance with the provisions of the zoning ordinance of the City.
2.
The lawful use of a building located upon any land, except as provided in SECTION 2 below, may be continued although such use does not conform with the provisions of the zoning ordinance of the City and such use may be continued throughout the building if no structural alterations are made therein, except those required by law or ordinance. If no structural alterations are not made in such building, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted use classification. The foregoing provisions shall also apply to any uses of buildings which may be made nonconforming by any subsequent amendment or change of the zoning ordinance of the City. Notwithstanding anything to the contrary in this Article, a building which has been damaged or completely destroyed by fire, explosion, act of God, or the public enemy, may be repaired or restored within that building's original footprint, and in accordance with all other zoning regulations of the City.
(Ord. No. 217, 9-7-2010)
Nonconforming uses which may not be continued:
1.
Whenever a nonconforming use of building has been changed to a more conforming use, such use shall not thereafter be changed to a less conforming use.
2.
Where land is used for business signs, bulletin boards or billboards, at the time of passage of the zoning regulations, and are not in conformance with the zoning regulations, the use of such land for said business signs, bulletin boards or billboards shall be discontinued and the sign removed within five (5) years after the effective date of this ordinance, as defined in the definitions of this ordinance. Land, as used in this paragraph, shall mean signs on supports on vacant land, as well as signs on buildings.
3.
The premises upon which a mobile home is located at the time of the effective date of this ordinance, as defined in the definitions of this ordinance, shall revert to the use permitted in said district after said mobile home has been relocated. An unoccupied mobile home that has been unoccupied for a period of one (1) year from the effective date of this ordinance, as defined in the definitions of this ordinance, shall be subject to immediate removal.
(Ord. No. 217, 9-7-2010)
1.
Within one (1) year after the effective date of this Zoning Ordinance, as defined in the definitions of this ordinance, the City Building Official(s) shall by appropriate certificate certify all legal nonconforming uses in existence at the time of the adoption of this ordinance and in addition those which may have become nonconforming by the adoption of this ordinance.
(Ord. No. 217, 9-7-2010)