§ 59-15200. - Nonconforming uses of land and buildings.
15200.1. Nonconforming Uses of Land. The lawful use of land existing as of the effective date of this chapter, even though such use does not conform to the provisions hereof, may continue subject to the following provisions:
A. If there are no buildings or structures upon the property, said use shall be discontinued within two years from the effective date of this chapter, or from the effective date of an amendment to this chapter. Unless the Board of Adjustment grants a variance declaring the use legally nonconforming, it shall be discontinued by said date.
B. A nonconforming use shall not be expanded or moved, in whole or in part, to any other portion of the lot or parcel on which it is located.
C. A structure which does not conform to the requirements of this chapter shall not be erected in connection with said nonconforming use of land.
15200.2. Nonconforming Uses of Buildings. If a lawful use, involving individual buildings existing on the effective date of this chapter, or at the effective date of an amendment to this chapter, becomes nonconforming under the terms of this chapter, said use may continue, subject to the following provisions:
A. Change of Nonconforming Uses. A building use may be changed to another nonconforming use of an equal or a more restrictive classification or to a conforming use. However, the use shall not thereafter be changed to a less restricted use. A building permit is required for any structural alterations.
B. Effect of Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the building or premises shall thereafter conform to the use regulations of the district.
C. Expansion of Nonconforming Use. No nonconforming use, except when required by law, shall be enlarged, extended or reconstructed, unless such change is to a use permitted in the district.
D. Restoration of Destroyed Use. When a structure occupied by a nonconforming use is destroyed by fire, explosion, natural cause or public enemy, by more than 60 percent, said building may be occupied only by a permitted use in the zoning district.
E. Modernization Permitted. Improvements or remodeling that do not increase the size or intensity of use shall be permitted.
15200.3. Nonconforming Low Intensity Residential Uses. When a lower intensity residential use, lawful on the effective date of this chapter, or at the effective date of adoption of an amendment to this chapter, would not be allowed in a higher intensity district under the terms of this chapter, said use may continue subject to the following provisions:
A. Structural Alterations. A lower intensity noncomplying use may be changed to another noncomplying use. However, if the intensity of the change in use reaches the intensity of the district in which it is located, under the terms of this chapter, the use shall thereafter comply with the regulations of the district.
B. Expansion of Noncomplying Lower Intensity Uses. Expansion of lower intensity noncomplying use shall be permitted. However, no expansion shall exceed 50 percent of the existing noncomplying structure. All structural expansions shall adhere to the minimum yard and parking requirements of the district that most appropriately applies to the noncomplying use.
C. Effect of Discontinuance. If a lower intensity noncomplying use is discontinued, the use shall thereafter be permitted to remain and again function as a noncomplying use, without regard to the period of the discontinuance.
D. Restoration of Damaged Use. When a lower intensity, noncomplying use is damaged by fire, explosion, natural causes or public enemy, the use may be restored, without regard to the extent of the damage.
