§ 250. Nonconforming Uses, Lands, and Structures.

1.

Scope of provisions. The provisions of this section shall apply to all nonconforming uses, lands, and structures. A nonconforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date this Zoning Ordinance or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of the Zoning Ordinance or such amendment thereto, except minimum lot area, yard and setback requirements. A land use or structure which existed lawfully, whether by variance or otherwise, on the date of this Zoning Ordinance or any amendment thereto became effective and which fails to conform to those regulations of the Zoning Ordinance or such amendment thereto pertaining to minimum lot area, yard and setback requirements shall be deemed a conforming land use or structure.

Such nonconformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

2.

Statement of intent. Nonconformities are not to be expanded, and they should be abolished or reduced to conformity as quickly as the fair interest to the parties will permit.

3.

General provisions:

(1)

An existing nonconforming land use or structure shall not cause further departures from the Zoning Ordinance. An existing nonconformity may be continued except as hereinafter limited in this section. A nonconforming use may be changed to another use only in accord with the following:

(a)

The new use may be one that is permitted in the underlying district governing the property in which the nonconformity is situated, provided that the new use complies with the regulations of that district; or

(b)

The new use may be one that is permitted in the most restrictive district in which the nonconforming use is a permitted use, provided that the new use complies with the regulations of that district.

For the purpose of this paragraph, a permitted use means only a use listed as a permitted land use and development under one of the districts of this Zoning Ordinance, excluding the "C-8" or "MXD" Districts, and does not include a use or development which may be authorized by conditional use permit under Section 290 of this Zoning Ordinance.

(2)

The existence of any present nonconformity anywhere in the County shall not itself be considered grounds for the issuance of a variance for other property.

(3)

A nonconformity shall not be deemed to have existed on the date this Zoning Ordinance or any amendment thereto became effective unless:

(a)

It was in being on a continuous basis and to its fullest extent on such date.

(b)

If such nonconformity is a use, such use had not been abandoned as hereinafter defined.

Provided however that nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun in good faith prior to such date, if such construction is diligently prosecuted to completion within two (2) years following such date. Actual construction is hereby defined to include the placing of construction materials so that they are in a permanent position and fastened to the earth in a permanent manner.

(4)

A nonconforming use of land shall not be enlarged, extended or altered and a structure or part thereof devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, or structurally altered, except:

(a)

as may be required by law.

(b)

in changing the use to one which is permitted in the district in which such use is situated.

(c)

to the extent hereinafter permitted.

(d)

to provide off-street parking or loading space.

(e)

an existing legal nonconforming tavern or restaurant existing on March 31,1997, or an existing tavern or restaurant which becomes nonconforming because of a subsequent change of zoning district classification, may be issued a liquor license in accord with the provisions of Chapter 4, "Alcoholic Beverages," of this Code, as amended, and such issuance and sale of liquor thereunder shall not be deemed an enlargement, extension or alteration of said use.

(5)

A nonconforming use of land shall not be moved to another part of a lot or outside the lot, and a nonconforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became nonconforming.

(6)

Where any change is proposed to be made to a use that is permitted in the district only by a conditional use permit, such change may be made only through a conditional use permit granted pursuant to the procedure delineated by Section 290, "Conditional Use Permit," of this Zoning Ordinance.

(7)

The number of dwelling units in a nonconforming residential structure shall not be increased over the number of dwelling units in the structure at the time of the structure becoming a nonconforming structure.

(8)

Nothing in this ordinance shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than fifty (50) percent of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former nonconformity, and provided further that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than fifty (50) percent of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Director of Public Works, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated. When a structure is determined to be substandard by the proper administrative official of the City under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed fifty (50) percent of the reconstruction cost of the entire structure, such nonconforming structure shall not be restored for the purpose of continuing a nonconforming use. However, none of the restrictions contained in this section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a nonconforming structure, as provided in Section 400.3 of this Zoning Ordinance.

(9)

Any nonconforming building existing lawfully in the "FP" Floodplain District, which is destroyed by any means, including flood, shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred unless it is reconstructed in conformity with all provisions of this Zoning Ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(10)

The nonconforming use of open land for junkyards, storage (other than stockpiling of sand, gravel, and rock as an accessory operation to the extraction of raw material from the earth), and nonconforming structures containing two hundred (200) square feet of ground floor space or less shall be discontinued within five (5) years of the date of their becoming nonconforming uses by the adoption of this ordinance, amendments to this ordinance, or previous zoning ordinances.

4.

Abandonment of nonconforming uses.

(1)

Any nonconforming use which has been abandoned shall not thereafter be reestablished. Any structure or land, or structure and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is stipulated.

(2)

The term "abandonment," as used herein, shall mean the voluntary discontinuance of a use, when accompanied by an intent not to reestablish such use. Any one of the following shall constitute prima facie evidence of intent to abandon:

(a)

any positive act indicating such intent; or

(b)

any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease; or

(c)

in the case of a structure or of a structure and land in combination, discontinuance of the nonconforming use of twelve (12) consecutive months; or

(d)

in the case of land only, discontinuance of the nonconforming use for ninety (90) consecutive days, or for a total of six (6) months during any one-year period.