§ 21-434. Nonconforming use of buildings.

(a)

The use of any building not in conformance with the regulations pertaining to uses permitted on the effective date of this chapter may not be changed, reestablished or enlarged in accordance with the following regulations:

(1)

A nonconforming use may not be changed to another nonconforming use unless the change in nonconforming use is to a less intensive nonconforming use, i.e. to bring the use into more conformance with the requirements of this chapter.

(2)

A nonconforming use may not be reestablished after discontinuance for one hundred eighty (180) days, or after damage exceeding fifty (50) percent of the fair market value as determined by the Polk County tax assessor, immediately prior to the damage. Notwithstanding the above, a legal nonconforming single-family residential building or structure may be rebuilt even if the cost of repair exceeds fifty (50) percent of the fair market value as determined by the county tax assessor immediately prior to the time of destruction by any causes or as may be caused by neglect or decay. However, all other provisions of this division must be complied with.

(3)

A nonconforming use may not be extended, enlarged, expanded or relocated.

(b)

The Development Special Magistrate may approve reconstruction or structural alteration of individual structures with a replacement cost exceeding four thousand dollars ($4,000.00), containing nonconforming uses, upon a finding:

(1)

That such use is likely to continue indefinitely with or without such reconstruction or structural alteration.

(2)

That the proposed reconstruction or structural alteration will result in substantial improvement in the appearance of the premises or other public benefits in keeping with the purposes of zoning.

(3)

Site and building plans shall be included with applications for such special exceptions, and if approved, shall be binding on the petitioner and his successors in title.

(4)

Such reconstruction or alteration shall be subject to the following general requirements and limitations, in addition to conditions and safeguards which may be added to fit the particular circumstances of the case:

a.

Off-street parking areas shall be located and improved in such a manner as to minimize potential adverse effects from lights, noise or dust. Off-street parking space shall be provided as required for the most restrictive district in which the use is permitted.

b.

Minimum yard requirements, and maximum height and lot coverage requirements for the district in which the nonconforming use is located shall apply except for residential uses; with residential uses the least restrictive residential district requirements shall apply.

c.

The floor area devoted to the nonconforming use may be limited or may be relocated within the building by the Development Special Magistrate, in its discretion, to minimize the adverse impacts of the nonconforming use.

(Ord. No. O-00-09, Art. 7 (7.09.03), 4-24-00; Ord. No. O-01-61, § 2, 11-12-01; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)