[CC 1984 §6.410]
A non-conforming use, building or structure existing lawfully
on the effective date of this Zoning Code or any amendment thereto
may be continued although neither such use, building or structure
conforms to the requirements of this Code.
[CC 1984 §6.420]
A.
Normal
maintenance and repair of a building or structure is permitted if
it does not extend the non-conforming use. No alteration or enlargement
shall be made in a building or structure occupied by a non-conforming
use unless such alteration adapts the building or structure to a conforming
use or the remodeling of an existing non-conforming residential building
involving an increase in the exterior dimensions of said building
of over one hundred (100) square feet allows the total square footage
of living area to comply with current minimum square footage requirements
after the remodeling. Existing non-conforming encroachments into required
setback areas shall not be a bar for permission to remodel. Any alteration
or enlargement proposed to be made in a non-conforming building or
structure shall be allowed only after the property owner obtains a
special permit. The Board of Zoning Adjustment, after public notice
and hearing and subject to the conditions and safeguards herein contained,
may authorize exceptions to this Section as follows:
B.
In
the event of approval by the Board of Zoning Adjustment, then the
applicant must make application and secure a building permit as otherwise
required by these ordinances.
[CC 1984 §6.430]
Any non-conforming use may be changed to any conforming use.
In addition, the Planning Commission may grant a special permit allowing
a non-conforming use to be changed to a different non-conforming use
when in its opinion the change represents an improvement in the community.
[CC 1984 §6.440; Ord.
No. 1123, 5-3-2011; Ord. No. 1130, 10-4-2011]
A.
No non-conforming use shall be expanded or reestablished if discontinued.
A non-conforming use may not be continued if the structure or building
should be damaged to the extent of fifty-five percent (55%) or more
of its reproduction costs.
B.
Notwithstanding Subsection (A) above, a non-conforming use will not be deemed discontinued if:
1.
The majority of the damage to the structure or building was
caused by a fire, act of God, or similar damaging event; and
2.
Within six (6) months of when the owner or occupier knows or
should reasonably know of such damage to the structure or building
and the owner:
a.
Obtains a building permit from the City to rebuild the structure
or building on the previously existing building's footprint; and
b.
Rebuilds the structure or building pursuant to the then-current
Building Code within the time allowed by the building permit on the
previously existing building's footprint.
C.
Notwithstanding Subsection (A) above, a non-conforming use will not be deemed discontinued if:
1.
The owner obtains a permit to demolish an existing non-conforming building as defined by § 405.300; and
2.
The non-conforming building is demolished within the time provided
by said permit or within sixty (60) days, whichever is longer; and
3.
The owner obtains a building permit from the City to reestablish
and build the structure or building on the previously existing building's
footprint within fifteen (15) days of the expiration of the demolition
permit or seventy-five (75) days after the issuance of said demolition
permit, whichever is longer; and
4.
The non-conforming building is reestablished and built pursuant
to the then-current Building Code within the time allowed by the building
permit on the previously existing building's footprint.
