Lincoln Municipal Code Ch. 18.46 Nonconformity Generally

Within the districts established by this title or by amendments which may be adopted after the ordinance codified in this title, there exist lots, structures and uses of land and structures which were lawful before the ordinance codified in this title was adopted or amended, but which would now be prohibited, regulated or restricted. The city council declares that nonconforming uses and structures are incompatible with permitted uses and structures and shall not be enlarged, expanded or extended. Further, nonconforming uses and structures are intended to be eliminated as soon as possible and such nonconforming uses and structures shall not be used as grounds for adding other structures or uses prohibited by this title.

(Ord. 357B §5.01.000, 1979)

The passage and adoption of the ordinance codified in this title shall not be construed to make conforming a use of land, building or structure which was nonconforming as determined by the regulations of Ordinance No. 107B of the city, as amended.

(Ord. 357B §5.01.010, 1979)

Any use existing on the effective date of the ordinance codified in this title, which is listed as a conditional use in the district wherein located, and for which a conditional use permit has not been granted, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Chapter 18.56.

(Ord. 357B §5.01.020, 1979)

The city council may, after a hearing before the planning commission on the subject, cause a nonconforming use to become a conforming use upon the issuance of a conditional use permit generally as provided in Chapter 18.56. The city council shall require such conditions as to make the use as nearly conforming to the district as possible. In addition, the city council shall make a finding in writing that the nonconforming use as conditioned will not be detrimental to the health, safety, peace and morals, comfort and general welfare of persons residing or working in the neighborhood of the use, or be detrimental or injurious to property and improvements in the neighborhood or of the general welfare of the city.

(Ord. 357B §5.01.030, 1979)