1. Total or Partial Destruction.

If a Nonconforming Structure is destroyed by fire, the elements, or other natural catastrophic event, it may be rebuilt, but the existing square footage or function of the Nonconforming Structure cannot be expanded. The construction must comply with all current building codes, and zoning regulations in effect at the time the structure received its building permit. The construction must commence within 12 months of the date of destruction. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner's right to restore or reconstruct the structure except in conformance with the Zoning Ordinance. If the regulations cannot be determined or if the regulations are disputed for the time the structure received its building permit, then the Board of Adjustment shall hold a hearing and shall take evidence, such as previously adopted ordinances, photographs, and tax records, to determine the standards that apply.
 

 

2. If the owner of a Nonconforming Structure has a Nonconforming Use and fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, then the Nonconforming Structure and Nonconforming Use shall be deemed to be discontinued or abandoned.

 

Completion of Structures. Nothing in the Zoning Ordinance shall require any change in the plans, construction, or designated use of the following:
 

1. Approved Building Permit.
A building or structure for which a Building Permit has been issued or a Site Plan approved prior to the effective date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this Zoning Ordinance.

2. Building in the Approval Process.
A building or structure for which a complete Application for a Building Permit was accepted by the Planning Division Manager on or before the effective date, provided however, that such Building Permit shall comply with all applicable ordinances in effect on the date such application was filed.

 

Abandonment of Nonconforming Uses.
 

1. Once a Nonconforming Use has been abandoned, the Nonconforming Use shall not be allowed to be reintroduced within the applicable zoning district. This prohibition of the reoccupation or reintroduction of an abandoned Nonconforming Use shall be enforced by the denial of building permit or certificate of occupancy applications.

2. A Nonconforming Use shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Planning Division Manager indicates that a structure designed or arranged for a Nonconforming Use has ceased to be used in a bona fide manner as a Nonconforming Use for a period of six consecutive calendar months. For purposes of calculating the six-month period, a use is abandoned upon the occurrence of the first of any of the following events:
 

a. On the date when the use of land is physically vacated;
b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;
c. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or
d. On the date a final reading of water or power meters is made by the applicable utility provider(s).​​​​

3. A Nonconforming Use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Zoning Ordinance.

4. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

5. Abandonment of a Nonconforming Use requires intent.

6. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

7. Unless the nonconforming use status is reinstated pursuant to 11-1-4.08.K Loss of and Reinstatement of Nonconforming Use Status, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.

Loss of and Reinstatement of Nonconforming Use Status.
 

1. Loss of Nonconforming Use Status.
If the Planning Division Manager determines that a Nonconforming Use has met the definition of abandonment and has lost its nonconforming use status, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.

2. Application for Nonconforming Use Status Reinstatement.
 

a. The owner or operator of the abandoned Nonconforming Use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated.

b. Written application for reinstatement of nonconforming rights must be made within 30 days after the denial of building permit or certificate of occupancy application for the Nonconforming Use.

3. Board of Adjustment Hearing.
 

a. The Board of Adjustment shall hold a hearing on the requested reinstatement of a Nonconforming Use status within 30 calendar days of the request or the next scheduled Board of Adjustment, whichever is greater.

b. The applicant and the Planning Division Manager shall submit any evidence or findings to the Board of Adjustment for consideration in the case.

c. The Board of Adjustment shall use the above abandonment criteria in deliberating the case.

4. Board of Adjustment Decision.
The Board of Adjustment may reinstate the Nonconforming Use status and thus allow the building permit or certificate of occupancy application to be processed only if the Board of Adjustment finds that the use was not discontinued for six months or more. The failure of the owner or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use.