It is the purpose of this subchapter to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this subchapter that all nonconforming uses shall be eventually brought into conformity.

(Prior Code, § 11-15-1) (Ord. 258, passed 5-4-2006)

   (A)   Conditional uses/interim uses/uses by administrative permit. Any established use or building legally existing prior to the effective date of this chapter, and which is herein classified as a conditional use, interim use or use by administrative permit may be continued in like fashion and activity and shall automatically be considered as having received the applicable approval. Any change to a use, including, but not limited to, building and/or site alteration, shall however, require a new permit be processed according to this chapter.

   (B)   Moving nonconforming buildings. Subject to § 152.214 of this chapter, no nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted prior to the effective date of this chapter, hereof unless the movement shall bring the nonconformance into substantially closer compliance with the requirements of this chapter.

   (C)   Subdivision. No parcel of land or portion thereof shall be subdivided if the action results in buildings and/or uses becoming nonconforming.

(Prior Code, § 11-15-2) (Ord. 258, passed 5-4-2006)

   (A)   Effective date. Except as provided in § 152.166(B) of this subchapter, the legal use of buildings or land existing on the effective date of this chapter, which do not conform to the provisions of this chapter may be continued at the same size and in the same manner of operation; provided, however, that no nonconforming use shall be enlarged or increased, nor shall any nonconforming use be expanded to occupy a greater area of land than that occupied by that use at the time of the adoption of this chapter, nor shall any nonconforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this chapter.

   (B)   Changes to nonconforming uses.

      (1)   When a legal, nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

      (2)   A legal, nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

      (3)   In cases of nonconformities not addressed by § 152.168(C) or (D) of this subchapter, legal, nonconforming single-family and two-family units may be improved to maintain the livability of the dwelling, provided the structure is not expanded.

   (C)   Discontinuance. In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located. If a nonconforming use is interrupted or prevented from operating because of governmental action, such as road construction, that period shall not be deemed as discontinuance of the nonconforming use.

(Prior Code, § 11-15-3) (Ord. 258, passed 5-4-2006)

   (A)   Proposed structures. Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been legally granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. The structure shall thereafter be a legally nonconforming structure.

   (B)   Restoration.

      (1)   Any legal, nonconforming building or structure which has been damaged by fire, explosion, act of God or public enemy, to the extent of more than 50% of its market value, as determined by the Building Official, may be repaired or replaced provided a permit is sought within 180 days of the date the property was damaged.

      (2)   If a building permit is not sought within 180 days of the date the property was damaged, the building shall be restored in conformity with the regulations of this chapter.

   (C)   Alterations. Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided:

      (1)   The alterations do not expand the foundation and/or building volume, unless specifically allowed by this chapter;

      (2)   The alterations do not increase the building occupancy capacity or parking demand; and

      (3)   The alteration does not increase the nonconformity of the building or the use.

   (D)   Expansion of nonconforming buildings or structures.

      (1)   Administrative approvals. The following expansions of legal, nonconforming single- and two-family residential buildings may be approved through the administrative permit process by the Zoning Administrator subject to the provisions of §§ 152.115 through 152.118 of this chapter. The Zoning Administrator shall make a determination that the building expansion will comply with the intent and purpose of this section and this chapter.

         (a)   Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this chapter.

         (b)   Expansion of nonconforming detached accessory structures shall not be allowed.

      (2)   Conditional use permit. Legal, nonconforming commercial, industrial, public, semi-public and multiple-family residential principal structures may be expanded on the same lot by conditional use permit provided:

         (a)   The expansion will not increase the nonconformity of the building or site;

         (b)   The new building expansion will conform with all the applicable performance standards of this chapter, a conditional use permit shall not be issued under this section for a deviation from other requirements of this chapter unless variances are also approved; and

         (c)   The request for conditional use permit shall be evaluated based on standards and criteria set forth in §§ 152.070 through 152.074 of this chapter.

      (3)   Variance. Any situation not addressed in with regards to the expansion of a nonconforming building or structure shall require a variance as described in §§ 152.100 through 152.103 of this chapter.

(Prior Code, § 11-15-4) (Ord. 258, passed 5-4-2006)

   (A)   Vacant lots. Legal, nonconforming, vacant lots of record may be developed for single-family detached dwellings upon approval of an administrative permit, provided that:

      (1)   Legally established. The lot in question was legally established in accordance with city code requirements existing at the time of its creation and is a separate, distinct tax parcel;

      (2)   Proper zoning. The lot is properly zoned for single-family residential land uses;

      (3)   Minimum lot size. A lot of record as of the effective date of this chapter, having direct access to municipal sewer and water shall be considered buildable provided measurements for lot area and/or width meet minimum requirements or are within 70% of the requirement of the district;

      (4)   Frontage. The lot in question has frontage on and will directly access an improved public street; and

      (5)   Setback and yard requirements. The setback and yard requirements of the base zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the city's Comprehensive Plan and this chapter.

   (B)   Developed lots. An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if the expansion or enlargement meets all other provisions of this chapter.

(Prior Code, § 11-15-5) (Ord. 258, passed 5-4-2006)