§ 656.706. Nonconforming use; major structures (also major structures and premises in combination).

Where a major structure [for these purposes defined as a structure or structures with a just value in excess of $4,000] exists lawfully in a district on September 5, 1969, or on the effective date of an amendment to the Zoning Code, that could not be built under the terms of the Zoning Code by reason of restrictions on area, lot coverage, height, yards, location on the lot or requirements other than use, the structure may be continued so long as it is not unlawful beyond the scope of zoning; provided, however, that:

(a)

An existing structure devoted to a use not permitted by the Zoning Code in the district in which the use is located shall not be enlarged, extended, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the district.

(b)

A nonconforming use may be extended throughout a part of a building which was arranged or designed for the use on September 5, 1969, or the effective date of the amendment to the Zoning Code. A nonconforming use which occupies a portion of a building shall not be extended to another part of the building not originally designed or intended for the use. A nonconforming use shall not be extended to occupy land outside the building, an additional building on the same lot or parcel or additional lots or parcels.

(c)

Where a nonconforming use is superseded by a permitted use, a structure or structures and premises in combination shall thereafter conform to the regulations for the district in which the structure is located. The nonconforming use shall not thereafter be resumed and no other nonconforming use shall be permitted.

(d)

Except where governmental action impedes or denies access or governmental action requires upgrading of the premises:

(1)

If a nonconforming use of a structure designed for the use ceases for any reason for a period of 12 consecutive months, a subsequent use shall conform to the regulations of the district in which the use is located, except as set forth below.

(2)

If the nonconforming use is a non-residential use and the property on which it is located is adjacent to residential uses or residential zoning districts on at least 75 percent of the property boundary, and the use ceases for any reason for a period of 6 consecutive months, a subsequent use shall conform to the regulations of the district in which the use is located, except as set forth in subsection 3 below. For those portions of the property fronting on a right-of-way, the use or zoning district on the other side of a right-of-way shall be used to determine such percentage.

(3)

Where a structure originally constructed for residential use as determined by the city is a landmark or a contributing structure in an historic district pursuant to a city ordinance creating an historic district, or is a structure that is at least 50 years old and is located within the boundaries of a designated historic district, such originally-constructed-for use may be reconstructed at any time notwithstanding its nonconforming status and the same shall be consistent with the Comprehensive Plan. Any reconstruction pursuant to the above shall comply with the regulations of the historic district and with the Secretary of Interior's Standards for Rehabilitation.

(4)

If a nonconforming use of major structure not designed for the use ceases for any reason, a subsequent use shall conform to the regulations of the district in which the use is located.

(e)

Where major structures and premises are used for nonconforming purposes as of September 5, 1969, or the effective date of an amendment to this Chapter, they shall not be divided nor shall a structure be added on the premises except for purposes and in a manner conforming to the regulations for the district in which these structures and premises are located.

(f)

Reserved.

(g)

Notwithstanding anything to the contrary in this Section, all nonconforming signs and all lots with nonconforming signs must meet all requirements of Sections 656.719 and 320.417.

(h)

The nonconforming use shall not continue if specifically prohibited by the City Charter or another Section of the Ordinance Code.

(Ord. 91-59-148, § 1; Ord. 91-526-211, § 1; Ord. 91-1226-586, § 1; Ord. 93-174-1054, § 17; Ord. 94-447-337, § 1; Ord. 96-450-274, § 1; Ord. 97-1093-E, § 1; Ord. 2005-1148-E, § 2; Ord. 2012-141-E, § 1)