A.

Unless otherwise specifically provided in this article and subject to the restrictions and qualifications set forth in Sections 15.32.020 through 15.32.070, nonconforming situations that were otherwise lawful on the effective date of this Title may be continued.

B.

Nonconforming projects may be completed only in accordance with the provisions of Section 15.32.080.

A.

This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished in accordance with Section 15.32.060 (Change in Use of Property Where a Nonconforming Situation Exists).

B.

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in Section 15.48.010, then the lot may be used as proposed just as if it were conforming. However, no use (e.g., a two-family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot.

C.

When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements (Section 15.48.040) cannot reasonably be complied with, then the entity authorized by this article to issue a permit for the proposed use allow deviations from the applicable setback requirements if it finds that:

1.

The property cannot reasonably be developed for the use proposed without such deviations,

2.

These deviations are necessitated by the size or shape of the nonconforming lot, and

3.

The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

D.

For purposes of Subsection (c), compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, that an applicant is facing financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

E.

Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

A.

Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this chapter may be continued, except for billboards and roof signs as defined herein. Any nonconforming billboards or roof signs shall be removed within five (5) years of the effective date of this ordinance.

B.

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign.

C.

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this title.

D.

If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this title, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.

E.

The message of a nonconforming sign may be changed so long as this does not create any new non-conformities (for example, by creating an off-premise sign under circumstances where such a sign would not be allowed).

F.

Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any 12-month period 50 percent of the value (tax value if listed for tax purposes) of such sign.

G.

If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within 30 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.

H.

As soon as reasonably possible after the effective date of this title, the City Planner shall make every reasonable effort to identify all the nonconforming signs within the city's planning jurisdiction. The Planner shall then contact the person responsible for each such sign (as well as the owner of the property where the nonconforming sign is located, if different from the former) and inform such person (i) that the sign is nonconforming, (ii) how it is nonconforming, (iii) what must be done to correct it and by what date, and (iv) the consequences of failure to make the necessary corrections. The administrator shall keep complete records of all correspondence, communications, and other actions taken with respect to such nonconforming signs.

A.

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

1.

An increase in the total amount of space devoted to a nonconforming use, or

2.

Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.

B.

Subject to Subsection (d), a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this article, was manifestly designed or arranged to accommodate such use. However, subject to Section 15.32.080 (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building.

C.

Subject to Section 15.32.080 (Completion of Nonconforming Projects), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if 10 percent or more of the earth products had already been removed on the effective date of this article and where the proposed expansion conforms to all applicable federal, state, and local regulations concerning the use.

D.

The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occur.

E.

Notwithstanding Subsection (a), any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in Section 15.32.070 (abandonment and discontinuance of nonconforming situations).

F.

Notwithstanding Subsection (a), whenever: (i) there exists a lot with one or more structures on it, and (ii) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (iii) the parking or loading requirements of Chapter 15.72 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with Section 15.72.080 if: (i) parking requirements cannot be satisfied on the lot with respect to which the permit is required; and (ii) such satellite parking is reasonably available. If such satellite parking is not reasonably available at the time the zoning or special or conditional use permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the permit.

A.

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than 25 percent of the appraised valuation of the structure to be renovated may be done only in accordance with a zoning permit issued pursuant to this section.

B.

If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 50 percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in Subsection 15.32.040(e) (Extension or Enlargement of Nonconforming Situations).

C.

For purposes of Subsections (a) and (b):

1.

The "cost" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.

2.

The "cost" of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of Subsections (a) or (b) by doing such work incrementally.

3.

The "appraised valuation" shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser, whichever is greater.

D.

The administrator shall issue a permit authorized by this section if the administrator finds that, in completing the renovation, repair or replacement work:

1.

No violation of Section 15.32.040 will occur, and

2.

The permittee will comply to the extent reasonably possible with all provisions of this article applicable to the existing use (except that the permittee shall not lose his right to continue a nonconforming use).

Compliance with a requirement of this article is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. That an applicant is facing financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.

A.

A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning, special use, or conditional use permit in accordance with Section 15.16.010 may not be made except in accordance with Subsections (b) through (d). However, this requirement shall not apply if only a sign permit is needed.

B.

If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this article applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this article is achieved, the property may not revert to its nonconforming status.

C.

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this article applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this article to issue a permit for that particular use (the City Planner, Land Use Administrator, or Planning Board) issues a permit authorizing the change. This permit may be issued if the permit-issuing authority finds, in addition to any other findings that may be required by this article, that:

1.

The intended change will not result in a violation of Section 15.32.040, and

2.

All of the applicable requirements of this article that can reasonably be complied with will be complied with. Compliance with a requirement of this article is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. That an applicant is facing financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.

D.

If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the entity authorized by this article to issue a permit for that particular use (administrator, Planning Board, or City Council) issues a permit authorizing the change. The permit-issuing authority may issue the permit if it finds, in addition to other findings that may be required by this article, that:

1.

The use requested is one that is permissible in some zoning district with either a zoning, special use, or conditional use permit, and

2.

All of the conditions applicable to the permit authorized in Subsection (c) of this section are satisfied, and

3.

The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

A.

When a nonconforming use is (i) discontinued for a consecutive period of 180 days, or (ii) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes.

B.

If the principal activity on property where a nonconforming situation other than a nonconforming use exists is (i) discontinued for a consecutive period of 180 days, or (ii) discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use unless the entity with authority to issue a permit for the intended use issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

C.

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

D.

When a structure or operation made nonconforming by this article is vacant or discontinued at the effective date of this article, the 180-day period for purposes of this section begins to run on the effective date of this article.

A.

All nonconforming projects on which construction was begun before the effective date of this Title, or which have expended at least 10 percent of the total expected cost of the project by the effective date of this Title, may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.

B.

Except as provided in subsection (a), all work on any nonconforming project shall cease on the effective date of this article, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a new subdivision approval, or zoning, special use, conditional use, or sign permit issued in accordance with this section by the individual, board or authority authorized by this article to issue permits for the type of development proposed. The permit-issuing authority shall issue such a new permit or approval at no additional cost to the applicant if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land-use law as it existed before the effective date of this article and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed.

C.

When it appears from the developer's plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under subsection (b). In addition to the matters and subject to the guidelines set forth in subsection (b), the permit-issuing authority shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:

1.

Whether any plans prepared or approved regarding uncompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural, or engineering work.

2.

Whether any improvements, such as streets or utilities, have been installed in phases not yet completed.

3.

Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or such a scale, in anticipation of connection to or interrelationship with approved but uncompleted phases, that the investment in such utilities or other facilities cannot be recouped if such approved but uncompleted phases are constructed in conformity with existing regulations.

D.

The permit-issuing authority shall not consider any application for the permit authorized by subsection (b) that is submitted more than sixty days after the effective date of this ordinance. The permit-issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year.

F.

The permit-issuing authority shall expedite procedures for considering permits and approvals.

A.

Any nonconforming fence as to the terms and conditions as defined in this title, which lawfully existed at the time of the final passage of the ordinance codified in this title, is permitted to continue and to be maintained.

B.

A nonconforming fence may be substantially altered, renovated, enlarged or reconstructed only through the granting of a variance as provided in this title.

C.

Regular and ordinary maintenance shall not be construed as enlargement, expansion, change, alteration, renovation or reconstruction as used in this section.

D.

A nonconforming fence which has been destroyed or removed shall not be replaced or reconstructed unless it complies with this title.