§ 5.2. Continuance of Nonconformities

A.

Criteria.

1.

The lawful use of any building, structure, or land in accordance with the terms of the UDC regulations by which the use was established, or in the case of annexed property, in accordance with the regulations under which the use was created may be continued.

2.

Abatement of such use or structure within a given period of time may be required by the City, provided, however, the right to continue such nonconforming use or use of such structure shall be subject to regulations prohibiting nuisances and shall be terminated when such use or structure constitutes a nuisance.

3.

Such nonconforming use or structure shall be subject to such reasonable regulations as the Board of Adjustment (BOA) may be required to protect adjacent property.

4.

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use. Once such change is made, the use shall not thereafter be changed to a nonconforming use.

5.

No nonconforming use or structure shall be changed to another nonconforming use or structure except as permitted by the Board of Adjustment.