The provisions of this Chapter shall apply to any use, structure, lot, or other circumstance governed by this Title which legally existed before the current zoning designation of the land where the circumstance is located and because of subsequent zoning changes does not conform with applicable requirements of this Title.

1. Continuation. Any nonconforming use, structure, lot, or other nonconformity may be continued only to the extent it was lawfully created, and as provided in this Chapter.
   
2. Illegal Nonconformities. Any use, structure, lot, or other nonconformity not authorized under a previously existing zoning ordinance, or which was illegal under such ordinance, shall remain unauthorized and illegal unless expressly authorized or permitted by the provisions of this Title.

1. Continuation. A nonconforming use of a conforming structure, or nonconforming structure legally existing when such use became prohibited, may be continued. A vacant structure may be occupied by a use for which the structure was designed or intended if so occupied within a period of six months after the use becomes nonconforming.
   
2. Expansion within a Conforming Building. A nonconforming use existing within a portion of a conforming building may be expanded to include the entire floor area of such building provided such expansion:
   
   1. Does not include any structural alteration;
      
   2. Creates no noise, odor, or vibration; and 
      
   3. Otherwise conforms to the requirements of this Title.
      
3. Nonconforming Use of Open Land. A nonconforming use of open land may be continued provided such nonconforming use shall not be expanded or modified in any manner, except in conformity with the requirements of this Title or as may be required by law.
   
4. Expansion of Outdoor Nonconforming Use. A nonconforming use of a lot where the principal use is not enclosed within a building, such as a salvage yard or a motor vehicle sales lot, shall not be expanded or modified except in conformity with the requirements of this Title or as may be required by law.

1. Continuation. A nonconforming structure may be continued so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted by this Section or as may be required by law. If a nonconforming structure is removed from the lot where it was located, each future structure on such lot shall conform to the provisions of this Title.
   
2. Maintenance and Repair. A nonconforming structure may be maintained. Repairs and structural alterations may be made to a nonconforming structure within the existing footprint thereof provided the degree of nonconformity is not increased.
   
3. Enlargement and Expansion. Any expansion or enlargement of a nonconforming structure that increases the degree of nonconformance is prohibited except as provided in this Subsection.
   
   1. The initial determination of whether a proposed expansion increases the degree of nonconformity shall be made by the Zoning Administrator.
      
   2. A structure which is nonconforming as to height, area, or yard requirements may be enlarged upon authorization by the Board of Adjustment provided the Board, after notice and a hearing, finds the enlargement to be compatible with adjoining property and not detrimental to the community, as determined by the effect of the enlargement on traffic, value of adjacent and nearby properties, and the availability of adequate public facilities and services.
      
4. Relocation. If a nonconforming structure is relocated within the City, it shall be placed only in a location where it fully conforms with the requirements of this Title.
   
5. Alteration Where Parking Insufficient. A building which is conforming except for sufficient automobile parking, as required by this Title, may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Title for the nonconforming portion of the old structure and the alteration or enlargement.
   
6. Restoration. A nonconforming structure damaged by fire, wind, earthquake, or other calamity or act of God or the public enemy may be restored as it existed previously and its use may be continued so long as restoration is started within six months from the date the damage occurred and is diligently pursued to completion.

1. Continuation. A nonconforming lot may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this Title, subject to the provisions of this Chapter.
   
2. New Single Family Dwelling. A new single family dwelling may be constructed on a legally established lot which is nonconforming as to area, width, or both, provided:
   
   1. The lot was legally nonconforming when the area or width requirements were changed;
      
   2. The use is for the sole purpose of a single family dwelling;
      
   3. There is only one main building on the lot; and
      
   4. The dwelling will conform to all other requirements of this Title, such as lot frontage, yard setbacks, building height, and other applicable requirements, such as street improvements, fire protection, and Construction Codes.
      
3. Lot with Building. If a nonconforming lot contains a building legally established before the effective date of this Title, then the owner may continue the then-existing use of such building and may expand the building in any way that does not increase the degree of nonconformity. An increase in building size shall not be deemed to increase the degree of nonconformity of the lot unless the building increases any encroachment into a required setback. Remodeling of a building within an existing footprint or expansion in compliance with this Section shall not require a variance to lot requirements but shall be reviewed by the Zoning Administrator as though the lot conforms to the requirements of this Title.

1. Applicability. This Section shall apply to any other nonconformity except nonconforming signs, including, but not limited to, improper fence height or location, lack of buffers or screening, lack of or inadequate landscaping, lack of or inadequate off-street parking, and any other nonconformity not addressed by CZC 12.22.050, CZC 12.22.060, and CZC 12.22.070.
   
2. Nonconforming Development with Approved Plan. Nonconforming development that is consistent with an approved site plan or other approval granted before the effective date of this Title shall be deemed in conformance with this Title to the extent it is consistent with the approved plan and to the extent such plan or conditions imposed thereon directly address the specific issue involved in a determination of conformity. Such nonconforming development, other than circumstances enumerated in CZC 12.22.050, CZC 12.22.060, and CZC 12.22.070, shall be brought into conformance upon the occurrence of any one of the following:
   
   1. Any increase of more than 30% in floor area or 50% of the value of the building or premises; 
      
   2. For a lot located in a commercial zone that requires the issuance of a new certificate of occupancy; or
      
   3. For a lot located in an industrial zone that requires the issuance of a new certificate of occupancy for a change in the occupancy use type.
      
3. Time for Compliance. Because nonconformities addressed in this Section involve less investment and are more easily corrected than those addressed in CZC 12.22.050, CZC 12.22.060, and CZC 12.22.070, the intent of the City is to eliminate such nonconformities as quickly as practicable. The extent of such nonconformities shall not be increased.

Any nonconforming use, structure, or other nonconformity which is not thus occupied or used for a continuous period of one year shall be deemed abandoned and shall not thereafter be reoccupied or used except in a manner that conforms to the requirements of this Title.

1. Presumption of Abandonment. A nonconforming use, structure, or other nonconformity shall be presumed abandoned when any of the following occurs:
   
   1. A structure or portion thereof occupied by a nonconforming use becomes vacant and remains unoccupied for a continuous period of one year;
      
   2. The owner has in writing or by public statement indicated an intent to abandon the use, structure, or other nonconformity;
      
   3. A less intensive use, as determined by the Zoning Administrator, has replaced the original nonconforming use;
      
   4. The owner has physically changed the structure or its permanent equipment in such a way as to indicate a change in use or activity to something other than the nonconforming use; or
      
   5. The structure has been removed through applicable procedures for the condemnation of unsafe structures.
      
2. Overcoming Presumption of Abandonment. A presumption of abandonment may be rebutted upon evidence presented by the owner showing no intent to abandon the use, structure, or other nonconformity. Such evidence may include proof that during the alleged period of abandonment the owner has done either of the following:
   
   1. Maintained the lot and structure, if any, in accordance with the Construction Codes; or
      
   2. Has actively and continuously marketed the lot or structure for sale or lease.

No provision of this Chapter shall be construed to allow continuation of any nonconforming use, structure, or other nonconformity when it is detrimental to public health or safety.  The right to continue use of a nonconforming use, structure, or other nonconformity shall be subject to the life safety requirements of applicable housing, building, health, and other life safety codes.

The Zoning Administrator may suspend any requirement that a nonconforming use, structure, lot, or other nonconformity come into compliance with the provisions of this Title if the owner of the affected property demonstrates that he has not recovered or amortized the amount of his investment in the nonconforming use, structure, lot, or other nonconformity.

1. Written Request for Extension Required. A request for an extension of time needed to recover an investment in an affected property shall be submitted in writing to the Zoning Administrator.
   
2. Information Required. The following information shall accompany the request:
   
   1. The amount of the owner's investment in the use, structure, lot, or other nonconformity from the time it became nonconforming;
      
   2. The amount of such investment that has been realized to date and an estimate of the amount that will be realized on the date the time limit expires; and
      
   3. Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the use, structure, lot, or other nonconformity, including any contingency clauses therein permitting termination of such lease.

1. Certain Uses Deemed Conforming. Notwithstanding any other provision of this Title, a nonconforming use located within the area bounded by 100 East, 100 North, 400 East, and 400 North may be deemed a conforming use and treated accordingly if the use is:
   
   1. Legally established before Dec. 18, 2003; and
      
   2. Registered as provided in Subsection (b).
2. Registration Required. A use located on a lot within the area described in Subsection (a) may be deemed a conforming use if:
   
   1. The property owner filed with the Zoning Administrator by Dec. 31, 2004: 
      
      1. An application and supporting affidavit setting forth the nature and extent of the use; and
         
      2. Evidence showing the use was legally established and conformed to applicable requirements of this Title prior to Dec. 18, 2003.
         
   2. The Zoning Administrator reviewed the evidence provided and determined that such evidence shows the use was legally existing prior to Dec. 18, 2003 and the Zoning Administrator issued a certificate of registration declaring that the use is deemed a conforming use and treated accordingly under applicable requirements of this Title.
      
3. Illegal Use. An illegally established use shall not be deemed a conforming use.