§ 25-2-947. NONCONFORMING USE REGULATION GROUPS.

(A)

A Group "A" nonconforming use must comply with the regulations described in this subsection.

(1)

Except as provided in Subsections (B)(1) and (2), a Group "A" nonconforming use must comply with Group "B" nonconforming use regulations.

(2)

A person shall discontinue a nonconforming use not later than 10 years after the date the use becomes nonconforming, if the use occurs:

(a)

outside a structure; or

(b)

in a structure valued at less than $10,000.

(3)

Maintenance or improvement of a structure is limited to that required by law to comply with minimum health and safety requirements. The value of an improvement described in this paragraph may not be used in determining the value of a structure.

(B)

A Group "B" nonconforming use must comply with the regulations described in this subsection.

(1)

A person may continue a nonconforming use and maintain an associated structure, except the person may not:

(a)

increase the floor space or site area of a nonresidential use; or

(b)

make a change that increases the amount of required off-street parking.

(2)

A person may improve, enlarge, or structurally alter a structure if the cost does not exceed 20 percent of the value of the structure before the improvement.

(3)

An improvement required by law to meet minimum health and safety requirements, or an improvement to a portion of a structure used solely for a conforming use may not be used in determining valuations under Subsection (B).

(C)

A Group "C" nonconforming use must comply with the regulations described in this subsection.

(1)

A person may continue a nonconforming use and maintain an associated structure.

(2)

A person may expand the portion of a structure or site that is used for a nonconforming use, except:

(a)

an expansion of the portion of the site must be on the same lot and may occur only one time; and

(b)

an expansion may not increase the required off-street parking to more than 120 percent of that required for the use on the later of March 1, 1984 or the date the use became nonconforming.

(3)

If a structure is used for a nonconforming conditional use that the Land Use Commission has not approved, a person may annually expend not more than 20 percent of the value of the structure to improve, enlarge, or structurally alter the structure.

(D)

A Group "D" nonconforming use must comply with the regulations described in this subsection.

(1)

A Group "D" nonconforming use must comply with Group "C" nonconforming use regulations.

(2)

A nonconforming conditional use approved by the Land Use Commission may be replaced by a similar nonconforming conditional use if the Land Use Commission:

(a)

reviews traffic generation, noise, hours of operation, number of employees, and other appropriate performance measures;

(b)

determines that the replacement use will not more adversely affect surrounding uses than does the original use; and

(c)

approves the replacement use.

(E)

Except as provided in Subsections (A)(3) and (B)(3), the value of a structure is the value established by the tax appraisal district.

Source: Sections 13-1-333 and 13-2-344; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.