§ 118-204. Existing lawful nonconforming uses.

Under this chapter, any lawful nonconforming use which was legally established prior to the effective date of this chapter, or which was legally established prior to the effective date of an amendment to this chapter, or which has been rendered nonconforming due to circumstances which were not self-created, may be continued or maintained subject to the following:

(1)

Extension. The planning and zoning board shall not allow the enlargement or extension of a lawful nonconforming use beyond the scope and area of its operation at the time the regulation which made the use nonconforming was adopted. Extension of hours of operation, addition of new uses, and changes in character of the nonconforming use are considered to be extensions and are not permitted.

(2)

Discontinuance. If the actual operation or use of a lawful nonconforming use on any premises (or portion thereof) has been discontinued for a continuous period of six months, no nonconforming use may be reestablished on those premises (or portions thereof) without further action by the city and the use of the land, buildings and accessory structures (or portions thereof) shall be subject to all regulations specified by this chapter for the district in which such land is located. Vacating of premises or a building or non-operative status shall be evidence of a discontinued use. If there is doubt concerning the discontinuance of a lawful nonconforming use, the city planner shall request a determination by the planning and zoning board wherein the legal owner must provide competent substantial evidence to support a finding that such use has not been discontinued for a continuous period of six months.

(3)

Changes in nonconforming use. Upon petition by the property owner, the planning and zoning board may allow a lawful nonconforming use to change into an alternative lawful nonconforming use, provided that the latter use does not increase the need for parking to service the new use when compared to the previous use and that the latter use is determined by the planning and zoning board not to be more intense. The planning and zoning board shall not approve an alternative lawful nonconforming use beyond the amortization period as measured from the prior lawful nonconforming use.

(4)

Amortization schedule. Except as provided in section 118-202(5), the schedule below shall be followed in terminating lawful nonconforming uses of commercial, industrial or multi-family buildings and accessory structures which were legally established prior to the effective date of this chapter, or which were legally established prior to the effective date of this article, or which have been rendered nonconforming due to circumstances which were not self-created prior to the effective date of this article. For purposes of this section, the time allowance before termination shall commence upon the earlier of: the effective date of the adoption of this chapter if such adoption created the nonconformity, the effective date of an amendment to this chapter which created the nonconformity, the date upon which the non self-created circumstances occurred which created the nonconformity, or the effective date of this article.

Assessed Valuation of Improvements (in dollars)	Time Allowance Before Termination (in years)
$0.00—$2,500.00	5
$2,500.01—$5,000.00	10
$5,000.01—$10,000.00	20
$10,000.01—$25,000.00	30
$25,000.01—$50,000.00	40
$50,000.01 and over	50

 

(5)

Principal use of structure not involved. Nonconformities not involving the use of a principal structure, e.g., open space storage, building supplies, vehicles, mobile homes, implement and machinery storage, signs, junkyards, commercial animal yards and the like, shall be discontinued within two years from the effective date of the ordinance from which this chapter or amendment to this chapter derives, or, unless otherwise provided for by written agreement or as a condition of annexation, within two years of annexation into the city.

(Ord. No. 03-17, § 2, 7-10-03)