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Chapter 18. General Zoning Ordinance

Sec. 18-81. Nonconforming Uses

(1) The following section shall apply to all uses in the City except in the following circumstances:

(a) The use did not legally exist at the time of adoption.

(b) The use is subject to legal proceedings.

(c) The use is subject to a court order to the contrary of this Section.

(2) Continuance of a Nonconforming Use.

(a) Any nonconforming use lawfully existing upon the effective date of this Chapter, or any amendment to it, may be continued at the size and in a manner of operation existing upon such date, except as specified in this Section.

(b) A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this Chapter, shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and City consideration under the requirements of Section 18-161.

(c) Any prior legal use made nonconforming by this Chapter, or by an amendment to it, may be granted legal conforming status and allowed to be extended, enlarged, reconstructed, or substituted by the issuance of a conditional use permit, subject to the standards and procedures prescribed by Section 18-161.

(3) Modification of a Nonconforming Use.

(a) Except as permitted in Subsection (c), below, or Subsection (2)(c), above, a nonconforming use shall not be expanded, enlarged, extended, or reconstructed, unless the use is changed to a use permitted in the district in which the use is located.

(b) Substitution of new equipment shall be permitted.

(c) A nonconforming nonresidential use not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if either or both facilities are not available within 1,000 feet of the subject property and a conditional use permit is granted for such expansion.

(4) Discontinuance of a Nonconforming Use. When any nonconforming use of any land, building, or structure is discontinued for a period of 12 consecutive months, or is changed into a conforming use, any future use of said land, building, or structure shall be in complete conformity with the provisions of this Chapter.

(5) Maintenance and Repair of a Nonconforming Use.

(a) The ordinary maintenance and repair of a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this Chapter.

(b) Except as otherwise provided in this Section, whenever a nonconforming use is damaged to the extent of more than 50 percent of its current equalized assessed value, it shall not be restored except in conformity with the regulations of the district in which it is located.

(Code 1982, 17.12(1))