A. The purpose of this chapter is to regulate and gradually eliminate buildings, structures, and land uses that were legally permitted at the time of their inception, but that no longer conform to existing city ordinances. All such items shall be considered nonconforming uses. The designation of nonconforming use shall not apply to any building, structure, or land use that was not legally permissible at the time of inception. These items are considered illegal uses. An illegal nonconforming use shall be terminated immediately without regard to this section and shall be abated or brought into conformance with applicable provisions of this title.

B. Procedure for Determination. Upon request, the community development director or designee shall determine whether a building, structure, or parcel of land meets the criteria of a nonconforming use based on evidence presented. The community development director or designee shall determine the existence, expansion, or modification of a nonconforming lot or use, noncomplying structure, or other nonconformity as provided in the following procedure:

A. The requirements of this title as to minimum building site area shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land in the event that such land was held in separate ownership at the effective date of the original West Point City zoning ordinance.

B. On any lot held under a separate ownership from adjacent lots, and of record at the time of the passage of the original West Point City zoning ordinance, the side yard requirements may be waived by the community development director or designee, to the extent that the buildable width of such lot is not reduced to less than 25 feet, except that at least a six-foot side yard is required on each side of any interior lot and the side yard on the street side of a corner lot must be at least 15 feet.

C. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall it be less than 10 feet. [Ord. 08-17-2021B § 2 (Exh. A)].

A. Substitution or Extension.

B. Discontinuation. A nonconforming use shall be deemed to have ceased when it has been discontinued either temporarily or permanently for a period of 12 months or more, and there is evidence that there was an intent to abandon such use. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

Any of the following shall be considered evidence of intent to abandon a nonconforming use:

A. A nonconforming building shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it nonconforming.

B. Repairs and structural alterations may be made to a nonconforming building; provided, that the floor space of such building is not increased.

C. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, to the extent of not more than one and one-half times its assessed value at that time, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds one and one-half times the assessed value of such nonconforming building or structure, no repairs or reconstruction shall be made, except in the case of residences or accessory farm buildings, unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located. [Ord. 08-17-2021B § 2 (Exh. A)].

A. Application and Intent. This section shall apply to any other circumstance which does not conform to the requirements of this title including, but not limited to, fence height or location; lack of buffers or screening; lack of or inadequate landscaping; lack of or inadequate off-street parking; and any other nonconformity not covered by this chapter. Because the nonconformities regulated by this section involve less investment and are more easily corrected than those regulated by other sections of this chapter, the intent of the city is to eliminate such nonconformities as quickly as practicable. The degree of such nonconformities shall not be increased.

B. Nonconforming Development With Approved Site Plan. Any nonconforming development which is governed by an approved site plan shall be deemed to be in conformance with this title to the extent such development conforms to the plan.

C. Compliance Required. A nonconformity other than one enumerated in other sections of this chapter shall be brought into conformance upon the occurrence of any one of the following: