The regulations of this chapter govern nonconformities, which are lots, uses, and structures that were lawfully established but, because of the adoption of new or amended regulations, no longer comply with one or more provisions of this zoning ordinance. (Ord. 2023-7, 7-17-2023)

   A.   Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) are made nonconforming because of changes, in the zoning regulations that apply to the subject property (e.g., through zoning map changes or amendments to the text of the zoning ordinance). The regulations of this article are intended to clarify the effect of this “nonconforming” status and avoid confusion with “illegal” buildings and uses (i.e., those established in violation of applicable zoning regulations). The regulations of this article are also intended to:

      1.   Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

      2.   Promote maintenance, reuse and rehabilitation of existing buildings;

      3.   Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties. (Ord. 2023-7, 7-17-2023)

   A.   Smaller Than Required: In any district, notwithstanding other limitations imposed by this title, structures permitted in said district may be erected on any single lot of record on the effective date of this title. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district. No variance shall be granted to facilitate the erection, construction or establishment of any structure on a nonconforming lot of record.

   B.   Larger Than Required: Where lots are larger than required by this title, said lots may be divided, except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this title. (Ord. 2023-7, 7-17-2023)

   A.   Continued Use: Where, at the time of passage hereof, lawful use of land exists which would not be permitted by the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful, provided:

      1.   Increase Nonconformity: No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

      2.   Destruction: Should such a nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

         a.   Single-Family Residences in Commercial Districts may be expanded or may be rebuilt even if destroyed beyond fifty percent (50%) of its replacement costs only by issuance of a conditional permit; provided, that:

            (1)   The existing character of the area in which expansion is requested is primarily of a residential character or nature; and

            (2)   The square footage of the requested expansion is not more than fifty percent (50%) of the total square footage of the existing nonconforming use or structure.

   B.   Lack Of Off-Street Parking Or Loading: For the purpose of this chapter, the lack of required off-street parking as specified in 10-4-4 of this title as applied to the Downtown District shall not render structures as nonconforming as of the passage hereof. (Ord. 2023-7, 7-17-2023)

   A.   Continued Use: If lawful use of a structure or of structures and premises, exists at the effective date of adoption or amendment hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful; providing, that:

      1.   Enlarged, Extended, Constructed, Or Structurally Altered: No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered unless the use is changed to a permitted use.

      2.   Extended To Another Part Of Building: Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.

      3.   Superseded By Permitted Use: Any structure or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed.

      4.   Cease In Use: Whenever a nonconforming use of a structure or premises ceases for ninety (90) days, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term “ceases” as used in this subsection shall mean that the activity in question has not been in operation for a period of ninety (90) days.

      5.   Status Applies To Both Use And Land: Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

   B.   Lack Of Off-Street Parking Or Loading: For the purpose of this chapter, the lack of required off-street parking as specified in 10-4-4 of this title as applied to the Downtown District shall not render structures as nonconforming as of the passage hereof. (Ord. 2023-7, 7-17-2023)

On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of nonbearing walls, to an extent not exceeding ten percent (10%) of the replacement value of the building in any one year; provided, that such work does not increase the cubic content of the building. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or portion thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 2023-7, 7-17-2023)

Conditional uses provided for under Chapter 6 of this title shall not be deemed a nonconforming use in the district in which it is permitted. (Ord. 2023-7, 7-17-2023)