§ 1.402. Limitations on Nonconforming Buildings and Uses.  


Latest version.
  • A legal nonconforming use may continue only in the manner and to the extent that it existed at the time of such enactment, amendment, or annexation, subject to the following provisions:

    A.

    No structural or physical alteration shall be made to any nonconforming building, structure, or lot except when required by law or ordinance. This requirement does not prohibit routine repairs or maintenance.

    B.

    No expansion shall be made of any nonconforming building, structure, or use unless such expansion conforms to the regulations specified for the district in which it is located. In cases where the nonconforming use occupies a building, structure, or any portion of a site, expanding the use into additional building or land area shall constitute an extension and shall not be allowed.

    C.

    Any nonconforming building, structure, or use, or one (1) or more of a group of nonconforming buildings or structures related to one (1) industry and under one (1) ownership, which has been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, may be reconstructed and used as before, if done within twelve (12) months of such calamity. The City Council, after review and recommendation by the Planning Commission, may determine that such delay in reconstruction was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction. Any district requirements may be waived by the City Council provided the area restored is not more nonconforming that existed at the time of the calamity.

    D.

    No nonconforming building, structure, or use which ceases to be used for a period exceeding one (1) year or is superseded by a conforming use, shall again be devoted to the nonconforming use except as otherwise provided in the preceding paragraph. A nonconforming use shall not be changed to a different nonconforming use. This shall not prevent a name change or change in ownership of the same nonconforming use.

(Ord. No. 1772, 6-23-93)