Section 110-195. Nonconforming uses of structures or of structures and premises in combination.
If a lawful use involving individual structures or of structures and premises in combination, with a replacement cost of $2,500.00 or more per individual structure, exists at the effective date of adoption or amendment of the ordinance from which this section is derived that would not be allowed in the district under this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following:
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this section is derived, but no such use shall be extended to occupy any land outside such building.
(3) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and nonconforming use may not thereafter be resumed.
(4) When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the premises, the structure or structure and premises in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located.
(5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term "destruction," for the purpose of this subsection, means damage to an extent of more than 50 percent of the fair market value at time of destruction.
(6) The following schedule shall be followed in terminating nonconforming use of structures or of structures and premises, except for residential uses; such termination period shall commence August 4, 1971:
TABLE INSET:
|
Assessed Valuation |
|
| width="50%" VALIGN="TOP">
$ 1,000.00--$ 2,499.00 |
width="50%" VALIGN="TOP">
5 |
| width="50%" VALIGN="TOP">
2,500.00-- 4,999.00 |
width="50%" VALIGN="TOP"> |
| width="50%" VALIGN="TOP">
5,000.00-- 9,999.00 |
width="50%" VALIGN="TOP"> |
| width="50%" VALIGN="TOP">
10,000.00-- 24,999.00 |
width="50%" VALIGN="TOP"> |
| width="50%" VALIGN="TOP">
25,000.00-- 49,999.00 |
width="50%" VALIGN="TOP"> |
| width="50%" VALIGN="TOP">
50,000.00--over |
width="50%" VALIGN="TOP"> |
(7) Any new or additional use which is nonconforming shall not be permitted.
(8) Notwithstanding subparagraph (7), the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding area. A petition for a change shall be submitted to the building official and shall contain or be subject to the following:
a. The property owner's name and address, a recorded deed indicating ownership and the legal description of the property.
b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established.
c. A sealed, as-built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures.
d. An application fee as established by the city council to be set forth in appendix B to the zoning code.
e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, less intensive, and more compatible with the surrounding area than the present nonconforming use.
f. All proposed applications shall be submitted to the planning and zoning board for study and written recommendation. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered.
g. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application.
h. Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which approval is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which the change of nonconforming use is sought and at the city hall.
i. A courtesy notice may be mailed to the property owners of record within a radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall not affect any action or proceedings taken under this article.
j. Any party may appear in person or be represented by an attorney at the public hearing.
k. The board of adjustment shall make written findings certifying compliance in the same manner that is provided for in section 110-47 of this chapter. In addition to the criteria contained in section 110-47, the board of adjustment shall also determine if the proposed nonconforming use is more restrictive, less intensive and more compatible or appropriate than the present nonconforming use and in its determination the board of adjustment may consider, including, but not limited to, the following: Will the requested use (i) use less space; (ii) have fewer employees; (iii) require less parking; (iv) create less traffic; (v) have fewer deliveries; (vi) create less noise; (vii) create a better benefit to surrounding area than previous use; (viii) be more acceptable with the existing and future use or make up of the area, (ix) be more normally found in a similar neighborhood; or (x) be of a less impact than the present nonconforming use?