§ 9-72.020. Nonconforming Uses and Structures

The following provisions shall apply to all nonconforming uses and structures existing as of the effective date of this Chapter:

A.

Uses and structures may be maintained.

1.

Any nonconforming use or structure may be maintained and continued, provided there is no addition, alteration, or enlargement of the area that increases any non-conforming portion of the structure such as a setback, height, or physical limitation.

2.

So long as a nonconforming use or structure exists upon any parcel, no new use may be established or constructed on the parcel, except as provided by this Chapter.

B.

Replacement of a nonconforming use.

1.

A nonconforming use may be changed to a use of the same or more restrictive classification.

2.

The replacement use shall serve as the bench mark in terms of establishing the acceptable level of nonconformity.

3.

Where a nonconforming use is changed to a use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.

C.

Nonconforming uses due only to changes in parking requirements. Where uses have been rendered nonconforming due only to revisions in parking requirements, the uses may be continued, replaced, or expanded as follows:

1.

Replacement of use. Changes of use to a similar use in compliance with Subsection B (Replacement of a nonconforming use), above, with the same or less parking requirements, shall be allowed; provided, current parking requirements can be met for the replacement use.

2.

Expansion of use. Expansion of the particular use shall be allowed only if the current parking requirements for the area of the expansion can be met, and the addition or enlargements otherwise comply with the applicable current Development Code provisions in effect for the subject zoning district.

D.

Abandonment or discontinuance of use.

1.

Any part of a structure or land occupied by a nonconforming use, which use is:

a.

Abandoned, shall not again be used or occupied for a nonconforming use; and

b.

Discontinued for a period of at least 180 days, shall not again be used or occupied for a nonconforming use.

2.

A nonconforming use that is discontinued or changed to a conforming use for a continuous period of at least 180 days shall not be reestablished, and the use of the structure or site thereafter shall comply with the applicable current Development Code provisions in effect for the subject zoning district.

3.

Without any further action by the City, a nonconforming use shall not retain the nonconforming protection or benefits provided by this Chapter if:

a.

The nonconforming use of land, or a nonconforming use within a structure, ceases for any reason for a continuous period of at least 180 days:

(1)

A vacant nonconformity may be occupied by a use for which it was designed if so occupied by January 5, 2006 or after the date when the nonconformity first became vacant.

(2)

If the use is discontinued for a continuous period of 180 days or more, the land or structure shall lose its nonconforming status, and shall be altered to conform to the current provisions of this Development Code.

The determination of discontinuance shall be supported by evidence, satisfactory to the Director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).

b.

The structure in which the nonconforming use is conducted or maintained is relocated any distance on the site for any reason, or is removed from the site.

c.

The use of the site after the discontinuance or removal of a nonconforming use shall comply with the applicable current Development Code provisions in effect for the subject zoning district.

E.

Animal keeping. The keeping of animals as a use, number of animals, type of animals, minimum parcel area required for animals, or other standards for the keeping of animals as an accessory use to residential dwellings not in conformance with current standards shall be deemed nonconforming by the provisions of this Chapter; provided, the animal keeping activities were in compliance with the animal keeping requirements in effect at the time of establishment of the use.

F.

Made nonconforming by this Development Code. Any legally established use or structure made nonconforming by the adoption of this Development Code shall be considered nonconforming, and fully protected by the provisions of this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013)