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MapLink™ | Procedures | Non-Conforming Uses

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Non-Conforming Uses
A lawful use of property existing at the time of the passage of this division, as amended that does not conform with the regulations of this division shall be deemed a “non-conforming use,” except that any residential use existing at the time of passage of this division shall be deemed a conforming use.

(1) If a non-conforming use of a property is discontinued and not occupied for more than (90) ninety days, the non-conforming use status of the property is automatically deemed to be discontinued and any future use of said property shall be in conformity with the provisions of this zoning ordinance.

(2) A non-conforming use of a building may be continued and may be changed to another non-conforming use of the same or more restricted classification. A non-conforming use existing in a portion of a building may be extended to other portions of the building provided that no structural alterations, except those required by law or ordinance, are made therein. Notwithstanding the foregoing, in the event that a non-conforming use of all or a portion of the building is changed to a non-conforming use of a more restricted classification in all or a portion of the building, such non-conforming use shall not later revert to a less restricted classification in any portion of the building for which the change to a more restricted classification was made.

(3) The non-conforming use shall not be continued in case of total destruction of the building by fire, wind or other cause. In the case of partial destruction, defined as destruction not exceeding fifty (50) percent of a building’s value, the zoning administrator shall issue a permit for reconstruction. If partial destruction is greater than fifty (50) percent, the city council, in its discretion, may grant a permit for repair or reconstruction after conducting a public hearing at which the city council considers the interests of the of the [sic] persons affected, the public welfare, the character of the area surrounding the non-conforming use, and the conservation and preservation of property.