Nonconforming development

Within the districts established by this zoning code or by amendments that may later be adopted there exist or may exist uses, structures or lots which were lawful before this zoning code was passed or amended, but which would be noncomplying under the provisions of this zoning code or any such amendment. Such uses, structures and lots are termed nonconformities. It is the intent of this chapter to permit these nonconformities to continue until they are removed or abandoned. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use, however, if any nonconforming use is halted for a period of one year, the nonconforming use will be presumed to have been abandoned, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.10)