(a)

General applicability. The provisions of this chapter shall apply as identified in this article.

Table 94-80.1: Applicability of Development Standards

(1)

New development. The development standards shall apply to all new development unless otherwise specified in the specific development standard.

(2)

Existing development.

a.

External additions. The development standards shall apply to all external additions as follows:

(i)

External additions that increase the market value of the existing structure by less than 25 percent shall not be required to comply with these development standards.

(ii)

External additions that increase the market value of the existing structure by more than 25 percent, but less than 75 percent, shall require a corresponding percent increase in compliance with these development standards or until the site reaches compliance, whichever is less. For standards without specifically measurable requirements, the planning and development director shall make a determination as to how compliance shall be achieved. The planning and development director's determination may be appealed to the planning commission.

(iii)

External additions that increase the market value of an existing structure by 75 percent or greater shall be required to fully comply with these standards.

b.

Interior changes. Where development changes are wholly internal to the existing structure, only the off-street parking requirements of these regulations are applicable. This requirement may be waived by the planning and development director where the applicant can show there is sufficient existing parking to service the interior changes.

(3)

Ten-year timeframe. Any application by property owners to expand structures shall remain on record for ten years from the date of said work completion. Any subsequent application to expand structures shall be cumulative to any requests made within the previous ten years. The total shall be used by the city to determine the property owner's necessary level of compliance.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Nonconforming uses. Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter or amendments to this chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

No such nonconforming use shall be moved, in whole or in part, to any portion of the parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(b)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption, or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, parcel coverage, height, yard, site location on the parcel, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

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

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to any extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(c)

Nonconforming uses of structures and land in combination. If lawful use of structure and land in combination exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such a building.

(3)

If no structural alterations are made, any nonconforming use of a structure and land may as a special exception be changed to another nonconforming use provided that the board of adjustment, either by general rule or by making finding in the specific case, shall find that the proposed use is equally appropriate, or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

(4)

Any structure and land in combination, in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure and land in combination is discontinued or abandoned for six consecutive months, or for 18 months during any three-year period (except when government action impedes access to the premises), they shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(6)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(d)

Repairs and maintenance.

(1)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(2)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored or rebuilt except in conformity with the regulations of the district in which it is located.

(3)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(e)

Special use provisions not nonconforming uses. Any use which is permitted as a special use in a district under the terms of this chapter (other than a change through board of adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(f)

Annexed property. When territory, which is the subject of a current Division I, Division II or Division III permit previously issued by the county, is annexed into the city, such territory shall be deemed zoned within the city in accordance with the land use authorized under such Division I, Division II or Division III permit. Following annexation, such territory shall be developed in accordance with all applicable zoning regulations of the city.

(Ord. No. 2018-0030, § 2, 4-10-2018)