§ 9.3. NONCONFORMING USE OF A BUILDING, STRUCTURE, LAND, LOTS OF RECORD  


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  • The nonconforming use of a building, structure, land or lots of record may be continued, subject to the provisions of this section.

    NONCONFORMING: CONTINUANCE DISCONTINUANCE EXPANSION CHANGE
    Use of
    Building or Structure 1,2 Any structure originally designed and intended for more than one dwelling unit may have its use continued provided the original structure has not been altered to diminish the number of original dwelling units. Additional units cannot be added to the original design. Except as otherwise provided in this Article, the voluntary abandonment of any nonconforming use of a building, structure, or premises for a period longer than one year shall terminate any rights conferred by this Article to continue such use. Any expansion of a nonconforming use shall be permitted only after it has been reviewed by the reviewing body having jurisdiction and approved by the City Council as a special use. A nonconforming use may be changed to another nonconforming use provided that the new nonconforming use is less intense than the existing nonconforming use. Such change shall be permitted only after it has been reviewed and approved by the City Council as a special use. The jurisdiction over such change, the review of proposals and approval standards and procedures shall be the same as those which are applied for special uses; however the proposed changed use need not be specifically listed as a special use in the district in which it is sought. For the purpose of this paragraph, the standards in 5.1.B, Uses Not Specifically Listed, shall be considered in determining whether or not a use is less intense.
    Land (No building) The nonconforming use of land which is accessory to the nonconforming use of a building or structure may be continued for such time as the nonconforming use of the building or structure is permitted under the provisions of this Article. No changes or structural alterations shall be permitted which would increase the bulk of a building or structure housing a nonconforming use, unless such changes conform to all the provisions of the zoning district in which such building is located.
    Lot of Record Structures and buildings on nonconforming lots in existence at the time this development code was adopted may be maintained as nonconforming uses subject to the general provisions of this Article. A nonconforming use of land not involving a building or structure shall not be expanded or extended beyond the area it occupies at the time it became nonconforming

     

     The requirements for nonconforming uses of nonconforming buildings, structures, or uses shall apply to all accessory buildings, structures, or buildings located on the same zoning lot.

     No accessory improvements which are 1) underground or substantially underground, 2) which have a current market value in excess of $5,000.00, and 3) which comprise substantially all the improvements enjoyed in nonconforming use of land shall be deemed nonconforming structures and subject to the applicable provisions of this Article.