Chapter 3 Nonconforming and Nonstandard Uses
Introduction
As Governed by Nebraska Revised Statutes 19-904.01, the use of a building, structure, or land, existing and lawful at the time of the adoption of a zoning regulation, or at the time of an amendment of a regulation, may be continued, although such use does not conform with provisions of such regulation or amendment.
Purpose
The purpose of this section is to protect the rights of property owners who have lawfully established, and continuously maintained (in a lawful manner), a use prior to the adoption of these regulations which might render such use unlawful.
Controlling Regulations
Regulations controlling nonconforming uses are in addition to regulations controlling nonconforming structures. In the event of conflict, the more restrictive regulations shall be enforced.
Continuation of Nonconforming Use
Subject to the provision of this article, the lawful use of a building, dwelling, structure, lot, land or premises existing immediately prior to the effective date of these regulations may be continued although such use does not conform to the provisions stated within this document. Such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension.
Any use which is permitted as a conditional use in a zoning district under the terms of this ordinance, shall not be deemed a non-conforming use in such zoning district, but shall, without action, be considered a conforming use.
Subject to the requirements below, a nonconforming use not involving a building may be continued even though such use does not conform to the provisions hereof if no changes are made in regard to size or location of water lines, sewer lines or private roads.
Discontinuance of Nonconforming Use
If such nonconforming use or structure is abandoned for a period of twelve months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to the regulation.
Extension or Enlargement
Any nonconforming building, dwelling, structure, lot, land or premises devoted to a use not permitted by the zone in which the building or premises is located shall not be enlarged, extended, converted, reconstructed or structurally altered unless such use is changed to a use permitted in the district in which the building or premises is located.
Restoration after Damage
When the use of a building is nonconforming as defined in this chapter and such building is damaged by a fire, explosion, or act of God to the extent of more than sixty percent (60%) of its fair market value, it shall not be restored except in conformity with the regulations of the district in which the building is located, or in conformance with a conditional use.