401.01. Application generally. Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building or structure, or part thereof, shall be occupied or used unless in conformity with regulations specified in this ordinance for the district in which it is located.

401.02. Application to existing structures. This ordinance shall not apply to existing buildings and structures, nor to the existing use of any building, structure or land, to the extent of such use on the effective date of this ordinance. However, this ordinance shall apply to any change in use, alteration, extension or movement of a building or structure, and to any change in the use of land subsequent to the effective date of this ordinance.

401.03. "Use" defined. For the purpose of this ordinance, the word "use" shall mean:

(1)

Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or

(2)

Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure, or on a tract of land.

402.01. Definitions of nonconforming uses, buildings and structures.

(1)

Nonconforming use means any lawful use of land or any lawful use of a building or structure existing on the effective date of this ordinance, or any amendment thereto, which use does not conform with the regulations for the district in which it is located after the effective date of this ordinance or such amendment.

(2)

Substandard building or substandard structure means any building or structure lawfully existing on the effective date of this ordinance, or any amendment thereto, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this ordinance or such amendment.

402.02. Preservation of nonconforming uses. Except as hereinafter provided in this section, the lawful use of land or the lawful use of a building or structure existing on the effective date of this ordinance or on the effective date of any amendment thereto may be continued although such use does not conform to the provisions of this ordinance, except as otherwise provided in this section 402.

402.03. Preservation of dimensionally substandard buildings or structures. Except as hereinafter provided in this section, buildings or structures lawfully existing on the effective date of this ordinance or on the effective date of any amendment thereto may be maintained although such building or structure does not conform to the dimensional standards of this ordinance, but any such building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed ten percent of the minimum setback requirements, but such alteration or improvement shall conform to all of the provisions of this ordinance and shall not increase the existing substandard square footage.

402.04. Unlawful uses, buildings and structures. No unlawful use of property existing on the effective date of this ordinance or any amendment thereto, nor any building or structure which is unlawfully existing on such date, shall be deemed a nonconforming use or a nonconforming building or structure.

402.05. Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of this ordinance or any amendment thereto may be completed and occupied in accordance with the requirements of any valid building permit issued therefor prior to such effective date.

402.06. Change from one nonconforming use to another. A nonconforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification, and provided such change is approved by the responsible city agency as hereinafter provided. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

402.07. Change of use with approval of the responsible city agency. A nonconforming use, all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the responsible city agency, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative "detriment," the responsible city agency shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust and smoke; fire hazards; and hours and manner of operation.

402.08. Repair, replacement, restoration or improvement of nonconforming buildings or structures. A nonconforming building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, may be repaired, replaced, restored, or improved, but not expanded, and the occupancy or use of such building, structure, or part thereof, which existed at the time of such partial or complete damage or destruction, may be continued or resumed, provided that the repair, replacement, restoration or improvement (but not expansion) is memorialized through the application for a building permit within 180 days of the partial or complete damage or destruction. The repair, replacement, restoration or improvement must be diligently prosecuted to completion. A nonconforming building or structure which is partially damaged, to an extent of less than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, may be repaired, replaced, restored, or improved, regardless of the time limitation imposed on the building permit application described in this section. Any attempted repair, replacement, restoration or improvement of a nonconforming building or structure that is not in compliance with this section shall conform to all of the provisions of this section.

402.09. Abandonment of use. When any nonconforming use of land or of a building or structure is abandoned for a period in excess of one year, such land, building or structure shall, thereafter, be used only as provided by this ordinance.

(Ord. No. 873, § 1, 8-5-19)