§ 27-24. Nonconforming uses.

(a)

Defined. The term "nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used or constructed under current ordinances and zoning.

(b)

Continuation. The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this chapter may require abatement within a given period of time; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming uses shall be subject to such reasonable regulations as the zoning board of adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations contained in this section.

(c)

Removal or conversion of uses in R zones. In any of the R single or multiple-family residential zones, buildings which are legally used for uses not allowed in such district by this chapter at the time of its passage or which may be prohibited by future amendments shall be removed or converted and their premises thereafter devoted to uses permitted in the district within five (5) years of the date hereof, or within the period required by any previous ordinance also requiring abatement of such nonconforming use, whichever is less, or if such uses are hereafter made nonconforming by amendments to districts or to the regulations thereof, within five (5) years of the date such use becomes nonconforming; provided, however, if the fair market value of the buildings as considered separate from the land, as used for commercial purposes, is more than ten thousand dollars ($10,000.00) above the value of such buildings used for conforming uses, all as existed at the time the use was first required by this or any previous ordinance requiring abatement, then the zoning board of adjustment may grant an extension for amortization purposes not to exceed an additional twenty (20) years.

(d)

Uses not requiring business building, etc., in R zones. Uses of land not requiring a business building, including outside storage, outside sales, trailer parks and courts and the like, located in any R single or multiple-family zoning district shall cease and desist within two (2) years of the date of this section or within the period required by any previous ordinance also requiring abatement, whichever is less, or, if such uses are hereafter made nonconforming by amendments to districts or to the regulations thereof, within two (2) years of the date such use becomes nonconforming. The shorter period provided for nonconforming uses without buildings is based on the lack of any capital investment in improvements as distinguished from land value. If there are improvements of some type of worth more than ten thousand dollars ($10,000.00) more for the existing nonconforming use than for any conforming use, the zoning board of adjustment may grant an extension of time for amortization purposes not to exceed an additional twenty (20) years.

(e)

Damage to signs. Nonconforming signs may be maintained so long as no changes are made in such sign and so long as they are kept in good repair. Should a sign be destroyed or damaged to the extent of fifty (50) percent or more of its replacement cost, including supports thereof, such sign shall not be repaired or reconstructed but shall be removed or made to conform to this section. All signs, whether conforming or nonconforming, shall be kept in good repair. Good repair shall mean that all sign faces are present, legible and unbroken; that supports are structurally and mechanically sound; and that the entire installation is electrically safe. If a sign shall be found to be in other than good repair, the property owner or his agent in charge of the premises where such sign is located shall be notified of defects and shall have thirty (30) days to bring the sign into compliance. If such sign is not repaired within such time, the sign shall be removed and the costs collected from the owner of the property from which such defective sign is removed.

(f)

Accidental damage to building. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. In the case of partial destruction by fire or other causes not exceeding fifty (50) percent of its current replacement value, the enforcing officer shall issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the board may grant a permit for repair but not for enlargement of the building.

(g)

Substandard structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the city and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement cost of such structure on the date that the enforcing officer determines that such structure is substandard.

(h)

Determination of replacement cost. In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself, including foundation.

(i)

Repairs and alterations. Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place except as the zoning board of adjustment may grant, as a special exception, an application to extend or enlarge a building occupied by a nonconforming use or that portion of the lot occupied by such use, provided such grant does not serve to prevent the return of such property to a conforming use.

(j)

Continuance of nonconforming use. Except as this section may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased.

(k)

Registration of nonconforming use. It shall be the right of the joint tenants and owners of a nonconforming use to register the same by securing a certificate of occupancy as herein provided.

(l)

Changing a nonconforming use. Any nonconforming use may be changed to a use conforming with the regulations established in this chapter for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use.

(m)

Abandonment. A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when:

(1)

It has been replaced with a conforming use;

(2)

Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six-month period; or

(3)

The intention of the owner to permanently discontinue the use is apparent.

(Code 1965, Ch. 27, §§ 22.1—22.13)