§ 35-706. Termination of Nonconforming Uses.

Termination of nonconforming rights under subsections (a) and (b) of this section shall provide for notice and hearing as provided in section 35-406 of this chapter.

(a)

By Violation of Chapter. The violation of this chapter shall terminate immediately the right to operate a nonconforming use.

(b)

By Specific Acts of Termination. Any one (1) of the following specific acts of termination shall terminate immediately the right to operate a nonconforming use:

(1)

Changing a nonconforming use to a conforming use;

(2)

Changing a nonconforming use to another nonconforming use as herein provided and authorized; provided, however, that the termination shall apply only to the nonconforming use existing prior to any change;

(3)

Nonoperation or non-use of a nonconforming use for a period of twelve (12) or more successive calendar months;

(4)

Vacancy for a period of twelve (12) or more successive calendar months of the structure or that part of a structure occupied by a nonconforming use.

(c)

By Action of the Zoning City. The zoning city may inquire into the existence of a nonconforming use, and after public hearing and investigation into the conditions created by the use, fire or health hazards created by the use, and any other danger or nuisance to the public due to or created by any condition or use existing on the property, require the discontinuance of such use. The owner of the use under investigation by the board shall have not less than ten (10) days' written notice prior to the day of the public hearing. Time allowed for discontinuance of such use shall be prescribed by the board at a subsequent public hearing, after having heard from the affected parties, based on the board's ruling as to a reasonable amortization period for the nonconforming use. In prescribing said time period, the board shall consider the following factors:

(1)

The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.

(2)

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)

Any return on investment since inception of the use, including net income and depreciation.

(4)

The anticipated annual recovery of investment, including net income and depreciation.

Note: For termination of nonconforming structures, see section 35-707, below.

(d)

At the Direction of City Council. The zoning city, at the direction of the city council, shall require the discontinuance of a nonconforming use. The board, after having heard from the affected parties, must provide a reasonable amortization period for the discontinuance of such use based on the factors set forth in subsection (c), above.

(e)

By Destruction or Damage of Structure. The right to operate and maintain any nonconforming use, except a single-family dwelling unit, shall terminate and shall cease to exist whenever the structure or structures in which the nonconforming use is operated and maintained is damaged or destroyed from any cause whatsoever, and the cost of repairing such damage or destruction exceeds fifty (50) percent of the replacement cost of such structure on the date of such damage or destruction. A nonconforming single-family dwelling unit which is destroyed or damaged more than fifty (50) percent of the replacement cost may be rebuilt provided a building permit is issued within one (1) year of the date of such damage or destruction. The director of planning and development services may require the submission of necessary evidence to verify the date of damage or destruction.

(f)

Applicability to Extraction Facilities. The provisions of this section shall not apply to any tract of real property that is used primarily for the extraction and processing of limestone, sand, gravel, rock, or soil, provided that such use is in compliance with the applicable state and federal permit requirements.

(Ord. No. 98697 § 4)