Chapter 22 ZONING*



Section 22-63 Nonconforming uses of structures.

 

    Nonconforming uses consisting of structures used, at the time of passage of the ordinance from  which this section derives, for purposes not permitted in the district in which they are located shall, in addition to the other requirements of this article, be governed by the following restrictions:

    (1)    An existing nonconforming use of a structure may be changed to another nonconforming  use that is similar in its operation and effect on surrounding properties or may be changed to a  conforming use.

    (2)    An existing nonconforming use of a structure shall not be changed to another nonconforming use that generates more automobile or truck traffic, creates more noise, vibration, smoke, dust or fumes, is a more intensive use of structures than the existing nonconforming use,  and is in any way a greater nuisance to the adjoining properties than the existing nonconforming use.

    (3)    A nonconforming use of a structure  shall not be extended or enlarged except into portions  of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use. No structural alterations shall be made in any  structure occupied by a nonconforming use, which would in any way increase the floor space, area,  or volume of space occupied by the use.

    (4)    When any nonconforming use of a structure is discontinued for a period in excess of one  (1) year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this article. Vacancy or non-use or both of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Code 1958,  24-15.02)