§ 300-70. Nonconforming uses.

A. 

Changes or modifications.

(1) 

A nonconforming use may be changed to a conforming use pursuant to all applicable provisions of this chapter. When a nonconforming use has been made conforming, it shall not be made nonconforming again.

(2) 

No nonconforming use shall be changed in any way that would have the effect of increasing the density, intensity, or occupancy of the nonconforming use. Any such change shall only be permitted by the Zoning Board of Appeals using the same criteria used for use variances.

B. 

Discontinuance. Any nonconforming use that has been discontinued for any reason for the periods listed as follows shall not be reestablished as a nonconforming use, and any future use of the property shall be in conformity with this article.

(1) 

Rooming houses housing more than three unrelated individuals and dwelling units housing more than three unrelated individuals, for a period of six consecutive months or more.

(2) 

Fraternities, sororities, and membership association houses, where permitted by special use permit, for a period of six consecutive months or more.

(3) 

Bars, for a period of six consecutive months or more.

(4) 

All nonconforming uses other than those listed in Subsection B(1) and B(2) above for a period of 24 consecutive months.

C. 

Rental housing as nonconforming uses. A rental house may lose its status as a nonconforming use if the Police Department or the City's Code Enforcement Officer confirms that on three or more separate occasions within a six-month period, civil or criminal citations have been issued at the residence, or the property is considered to be a public nuisance. Multiple citations issued to different people at a single address at the same time shall not be considered "separate occasions." If such a house loses its nonconforming status, it shall no longer be lawful to inhabit the property until the use changes to one that is permitted in that zoning district. In determining whether nonconforming uses shall be terminated, violations of the following shall be considered:

(1) 

Noise ordinance.

Editor's Note: See Ch. 178, Noise.

(2) 

Animal control ordinance.

Editor's Note: See Ch. 68, Animals.

(3) 

Housing code.

Editor's Note: See Ch. 158, Housing Code.

(4) 

Nuisance ordinance.

Editor's Note: See Ch. 184, Nuisances.

(5) 

Solid waste ordinance.

Editor's Note: See Ch. 248, Solid Waste.

(6) 

Public conduct ordinance.

Editor's Note: See Ch. 220, Public Conduct.

(7) 

Parking ordinance or off-street parking requirements as set forth in this chapter.

Editor's Note: See Ch. 190, Parking.