The regulations of this article 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. No. RZ-2018-11-06, § I, Exh. A(27.389), 11-27-2018)

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; and

(3)

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.390), 11-27-2018)

Any nonconformity that existed on the effective date specified in section 27-4 or any situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance may be continued in accordance with the regulations of this article unless otherwise expressly stated.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.391), 11-27-2018)

(a)

The burden of proving a nonconformity was lawfully established and that the situation has not lost its nonconforming status rests entirely with the subject landowner.

(b)

The community development director is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(c)

Appeals of the community development director's decision on nonconforming status determinations may be appealed in accordance with the appeal procedures of article X, division 10 of this chapter.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.392), 11-27-2018)

(a)

Nonconformities shall be maintained to be safe and in good repair.

(b)

Repairs and normal maintenance that do not increase the extent of nonconformity and that are necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning ordinance.

(c)

Nothing in this article is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized city official.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.393), 11-27-2018)

Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.394), 11-27-2018)

A nonconforming lot is a lawfully created lot recorded in the office of the clerk of county superior court that does not comply with one or more applicable minimum lot area, lot width, lot frontage or street access regulations of this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.395), 11-27-2018)

(a)

A single dwelling unit and allowed accessory structures may be constructed on a nonconforming lot in any zoning district that permits detached houses by-right, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).

(b)

Nonconforming lots in districts that do not permit detached houses by-right, may be used in accordance with the use regulations that apply in the subject zoning district, and buildings may be erected, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.396), 11-27-2018)

Nonconforming lots may be altered to remove and replace structures and improvements if such alteration does not increase overall impervious coverage and complies with all other applicable regulations of this division. See also section 27-1333.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.397), 11-27-2018; Ord. No. 2019-11-03, § I(Attch.), 11-26-2019; Ord. No. RZ-2023-02-03, § I, 2-28-2023)

The boundaries between contiguous nonconforming lots may be adjusted if the result does not enlarge or extend the element of nonconformity by creating any of the following conditions:

(1)

Additional lots;

(2)

Additional nonconforming lots by area or dimension; or

(3)

Lot sizes less than the smallest lot size or dimensions (i.e., width, depth) less than the shortest such dimension that existed prior to recombination.

(Ord. No. 2025-04-01, 1(Attch.),  4-22-2025)

A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with the lot and building regulations of the zoning district in which it is located.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.398), 11-27-2018)

Nonconforming structures may remain, subject to the regulations of this section.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.399), 11-27-2018)

Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building regulations, and does not increase the extent of nonconformity. A building with a nonconforming front setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback standards and all other applicable lot and building regulations. On the other hand, a multi-dwelling building that is nonconforming with regard to density (i.e., contains more dwelling units than allowed by the underlying zoning) may not be expanded to add additional dwelling units.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.400), 11-27-2018)

A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.401), 11-27-2018)

(a)

Intentional actions. When a nonconforming structure is demolished, damaged or destroyed intentionally or by a deliberate action of the subject property owner and the extent of demolition, damage or destruction is more than 60 percent of the fair market value of the structure, based on the assessed valuation from real property records maintained by the tax assessor, the structure may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. See section 27-159 for special regulations that apply to garages and carports.

(b)

Accidental damage or destruction. When a nonconforming structure is destroyed or damaged by acts of God, accidental fire or other causes beyond the control of the subject property owner, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure shall be obtained within two years of the date of occurrence of such damage.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.402), 11-27-2018)

A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.403), 11-27-2018)

A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.404), 11-27-2018)

A nonconforming use may not be expanded unless such expansion would eliminate or reduce the extent of nonconformity, except that a nonconforming use of a building may be extended into those interior parts of the building that were manifestly designed for such use before the date that the use became nonconforming.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.405), 11-27-2018)

A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.406), 11-27-2018)

(a)

A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation eliminates or reduces the extent of nonconformity.

(b)

A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.407), 11-27-2018)

(a)

Abandonment.

(1)

Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use shall comply with the regulations of the zoning district in which it is located.

(2)

A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of six months or more.

(3)

A nonconforming open-air use of land is presumed abandoned when the use is discontinued for a continuous period of six months or more.

a.

The presumption of abandonment may be rebutted upon showing, to the satisfaction of the community development director, that during such period the owner of the land or structure has been:

b.

Maintaining the land and structure in accordance with all applicable municipal code requirements and did not intend to discontinue the use;

c.

Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or

d.

Engaged in other activities that affirmatively prove there was not intent to abandon.

(4)

Any period of discontinued use caused by government action, acts of God, unintended fire or other causes beyond the control of the subject property owner are not counted in calculating the length of discontinuance.

(b)

Change to conforming use. If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.

(c)

Destruction.

(1)

Intentional destruction. When a building containing a nonconforming use is intentionally destroyed, razed or dismantled by a deliberate act of the owner or the owner's agent, re-establishment of the nonconforming use is prohibited.

(2)

Accidental destruction. Unless a building containing a nonconforming use is loses its nonconforming use rights pursuant to article XII, division 3, the building and use may be restored or repaired provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged building shall be obtained within two years of the date of occurrence of such damage.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.408), 11-27-2018)

A nonconforming development feature is any aspect of a development—other than a nonconforming lot, nonconforming structure or nonconforming use—that was lawfully established, in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more regulations of this zoning ordinance. Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening requirements.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.409), 11-27-2018)

Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.410), 11-27-2018)