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Article 10 — Nonconforming Lots, Buildings and Uses, Chapter 10-3 — NONCONFORMING USES

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗8 sections · full chapter

§ 10-3-1

Definitions

(a)Discontinuance: A condition where the use of the property has stopped or the building has been vacant for 6 months or more. When a business registration is required for said nonconforming use and the business registration pertaining to said use has lapsed for at least 6 months, said lapse of business registration shall constitute discontinuance.

(b)Nonconforming use: A use or activity that was lawfully established prior to the adoption of this Unified Land Development Code, but which, by reason of such adoption or amendment, is no longer a use or activity permitted by right in the zoning district in which said use or activity is located.

§ 10-3-2

Owner Responsibilities

When questions arise as to whether a use constitutes a nonconforming use, it shall be the responsibility of the owner of a nonconforming use to prove to the Director that such use was lawfully established and existed on the effective date of adoption or amendment of this ULDC.

§ 10-3-3

Continuation

A nonconforming use may be continued except as otherwise provided in this Chapter. For example, a convenience store in an R-I-A zoning district is a nonconforming use, because it is not listed as a permitted use in that zoning district and may be continued subject to the limitations of this Chapter.

§ 10-3-4

Discontinuance

A nonconforming use shall not be re-established after discontinuance, as defined in this Chapter, unless the property owner proves to the Director that a diligent effort has been made to sell, rent, or use the property for the nonconforming use. If the Director determines that such diligent effort has been made, the owner may re-establish said nonconforming use or seek to re-establish said nonconforming use until the expiration of 6 months following initial discontinuance. If the nonconforming use is re-established under the provisions of this Section after discontinuance but prior to expiration of 6 months following initial discontinuance, said re-established nonconforming use may be lawfully continued.

For example, vehicular repair in a residential zoning district is a nonconforming use. It loses its privileges as a nonconforming use under the terms of this Chapter if it is discontinued. An applicant who can provide evidence he or she diligently tried to sell, rent, or use the property for the nonconforming use during that time period can petition the Director for relief (i.e., to retain privileges afforded said nonconforming use).

§ 10-3-5

Change of Use

A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not be considered a change to another nonconforming use, provided that the use itself remains unchanged.

For example, vehicular repair cannot be changed to a vehicular sales lot in an R-I-A zoning district because that would be a change from one nonconforming use to another. The vehicular repair could be sold to another individual or company and retain privileges as a nonconforming use, provided that the use is the same and not expanded or changed.

§ 10-3-6

Expansion

A nonconforming use shall not be expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure.

For instance, an office building located in an R-I-A zoning district is a nonconforming use since it is not permitted outright in that zoning district. The building cannot be expanded under the terms of this chapter.

§ 10-3-7

Damage and Repair and Re-Establishment

(a)A nonconforming use shall not be re-established or repaired if the activity is destroyed or sustains damage exceeding 60% of its assessed value or square footage as determined by the Director.

(b)A building containing a nonconforming use shall not be rebuilt, altered, or repaired after destruction or damage exceeding 60% of its replacement cost or square footage at the time of damage as determined by the Building Official, except for a use which conforms with the zoning district in which said use is located provided such rebuilding, alteration or repair is completed within 12 months of such destruction or damage.

(c)Notwithstanding the foregoing provisions of this Section, a residential or office use that is a nonconforming use that operated within a conforming or nonconforming building may be re-established in such building sustaining damage exceeding 60% of its replacement cost or square footage at the time of damage as determined by the Building Official, provided the damaged nonconforming or conforming building containing such nonconforming use is repaired or rebuilt within 18 months following the date of damage.

§ 10-3-8

Unsafe Buildings

If a building, structure or part thereof is occupied by a nonconforming use or contained a nonconforming use which has been discontinued, and such building, structure, or part thereof is declared to be unsafe by the Building Official, then upon order of the Building Official, the strengthening or restoration to a safe condition of such building, structure, or part thereof shall be allowed and shall be made by the property owner in accordance with such order.

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