The purpose of this Article is to regulate and limit the development and continued existence of lawfully established uses, buildings and lots established prior to the effective date of these regulations which do not conform to the requirements of these regulations. Many non-conformities may continue, but the provisions of this Article are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination in order to preserve the integrity of these regulations and enhance the character of the City. Any nonconforming use, building, or lot which lawfully existed as of the effective date of these regulations, and which remains nonconforming, and any use, building, or lot which has become nonconforming as a result of the adoption of these regulations or any subsequent amendment hereto may be continued or maintained only in accordance with the terms of this Article.

A nonconforming use may be replaced only by a permitted or conditionally permitted use of the zoning district within which the property is located. Whenever a nonconforming use has been replaced by a conforming use, such use shall not thereafter be replaced by a nonconforming use.

(A)

Nonconforming use of a building. Except as provided in subparagraph (B), if a nonconforming use is discontinued for a period of one hundred eighty (180) consecutive days, or for a total of eighteen (18) months during any three (3) year period, whether or not the equipment or fixtures are removed, then that use shall not be renewed or re-established, and any subsequent use of the building, land or portion thereof shall conform with the regulations of the district in which such building or land is located.

(B)

Nonconforming use of land without a principal building. In any district where land is lawfully being used as a nonconforming use, and such use is the main use and not accessory to a main use conducted in a building, such use shall be discontinued not later than five (5) years from the date of adoption of these regulations or any amendment hereto that renders a use of said land nonconforming, provided that, if the use is discontinued for a period exceeding 90 consecutive days, the land shall not again be used except in conformance with these regulations. Any building incident and subordinate to such use of land shall be removed at the end of the five (5) year period or ninety (90) day period of discontinuance, or if such building is so designed and constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses.

The nonconforming use of a building or land may occupy only those parts of a building or land which were lawfully and manifestly arranged or designed for such use at the time of passage of these regulations or any amendment hereto that renders a use nonconforming. A nonconforming use shall not be moved, expanded or extended beyond the building or lot area that it occupied on the effective date of these regulations or any amendment to these regulations rendering the use nonconforming.

Repairs and alterations in the supporting members of a building or structure such as load bearing walls, columns, beams, or girders shall not be permitted unless the Building Official determines the alterations are required to assure the safety of the building. All other repairs and alterations, which may include but are not limited to, movement or replacement of non-load bearing walls, repair or addition of ornamental features, wiring, fixtures, or plumbing, shall be permitted if constructed in accordance with the ULDR.

No building devoted to a nonconforming use that has been damaged by any cause whatever to the extent of more than fifty (50) percent of the county tax-assessed value of the building shall be restored except in conformity with these regulations. All rights as a nonconforming use shall be terminated. If a building is damaged by less than fifty (50) percent of the tax-assessed value, it may be repaired and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within eighteen (18) months of the date of such damage.

(A)

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use or to create any vested rights in the continuance of such use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(B)

Nothing in this article shall be interpreted as authorization for, or approval of, the continuation of the use of a building or premises in violation of any ordinance or resolution in effect at the time the use was initially established on the premises.

(C)

Nothing in this article shall be interpreted as authorization for, or approval of, the use of any lot established in violation of any law, regulation or ordinance in effect at the time the lot was established.

The Director shall make an initial determination of the existence of a nonconforming use based upon evidence furnished by the applicant for the determination. Although the Director may make use of affidavits and investigation as the Director determines necessary in a particular case, the applicant for the determination shall bear the burden of proof that the property is entitled to legal nonconforming use status.

The question as to whether a nonconforming use exists shall be a question of fact and in case of doubt or challenge raised to the initial determination made, the question shall be decided by the City Commission following the procedures and requirements for appeals of administrative decisions set forth in Article 125.

(Ord. No. 2014-007, § 9, 12-9-14)

No nonconforming building that has been damaged by any cause whatever to the extent of more than fifty (50) percent of the county tax-assessed value of the building shall be restored except in conformity with these regulations. All rights as a nonconforming building shall be terminated. If a building is damaged by less than fifty (50) percent of the tax-assessed value, it may be repaired and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within eighteen (18) months of the date of such damage.

Any building or structure for which a lawful building permit has been issued, and the construction of which has been started prior to the effective date of these regulations, or any amendment hereto, which does not conform to any requirement of these regulations, may be completed and used in accordance with the plans and specifications upon which said building permit was granted.

A nonconforming building shall not be moved in whole or in part unless every portion of such building and the use thereof is made to conform with all requirements of the zoning district to which such building is moved. The moving of the building also shall comply with the requirements of applicable City regulations regarding the moving of buildings.

A building nonconforming only as to height, area, yards, lot coverage, open space, pervious area, or bulk requirements may be repaired, altered or extended, provided any alteration or extension does not increase the degree of nonconformity in any respect, and provided the use of the extended or altered portion of the building conforms to all use regulations of the district in which it is located.

Any legal lot of record that does not comply with the area or dimensional requirements of these regulations may be used for any use permitted by the zoning district within which the lot is located, provided that the owner of the lots does not own an abutting lot. In the event an owner of a nonconforming lot owns an abutting lot, the lots must be combined to meet the minimum area and dimensional requirements of the zoning district and provided that all development standards and dimensional requirements shall be complied with.

Multiple platted lots titled as a single parcel and located in the areas described in subsection 020-060 "Residential District Development Standards" may only be subdivided if such subdivision of each lot complies with the minimum dimensional requirements of subsection 020-060, as amended. Lots, or portions of lots, shall not be subdivided by sale or otherwise if such sale or subdivision creates nonconformity with subsection 020-060 or increases an existing nonconformity.

Specific uses required to have a greater lot area or dimensional requirement than the minimum district standard shall not be permitted on a nonconforming lot unless the PZB grants a variance for the area or dimensional requirement.

(Ord. No. 897, § 2, 4-25-06)