This chapter provides for the regulation of buildings, structures, lots, and uses that do not comply with the provisions of this title and specifies the circumstances, conditions, and/or procedures under which these nonconformities may be permitted to continue and/or to expand.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

Structures, lots, site improvements, uses, and/or development activities which were not legally established or conducted, as determined by the city, must fully conform and comply with the provisions this title or be abated; provided, that:

A.

The burden of documenting and showing that any nonconformity is a legal nonconformity shall, in all cases, be upon the owner of such nonconformity and not upon the city.

B.

If the community development director or his/her designee cannot conclusively determine that the nonconformity was lawfully established and in continuous use or operation, then the matter may be referred to the hearing examiner for review. The hearing examiner shall be authorized to render a decision as to whether the nonconforming building, structure, lot, or use or structure was lawfully established and/or in continuous operation or not and determine the measures necessary for compliance with this title, and/or to order abatement.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

Buildings and structures that were legally established, but do not comply with current regulations, may be used subject to the following provisions:

A.

Nothing in this chapter shall be construed to restrict normal structural repair and maintenance of a nonconforming structure, including the replacement of walls, fixtures and plumbing, provided that the degree of nonconformity is not increased.

B.

Legal nonconforming structures may be remodeled, improved, and/or expanded; provided, that the proposed activities do not increase the degree of nonconformity.

C.

Nonconforming buildings or structures shall not be relocated on the same site unless the move results in bringing the building or structure into closer conformance with the provisions of this title.

D.

Should the structure be destroyed by any means to an extent equal to or more than 50 percent as determined by the city, it shall not be reconstructed except in conformity with the provisions of this title.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

A.

A nonconforming use of a building, structure, or land shall not be extended or enlarged, unless otherwise provided in this title.

B.

A nonconforming use shall be discontinued and may not be reinstated if use has been vacated or discontinued and not reestablished within 12 months as determined by the city.

1.

When a nonconforming use becomes discontinued or succeeded by a conforming use, it shall be deemed that such prior nonconforming use has ceased to exist and thus loses its status as a legal nonconforming use.

2.

Any subsequent use shall conform to the provisions of this title.

3.

The city shall have the discretion to extend the time limitation due to special circumstances beyond the control of the owner or occupant of the nonconforming use or nonconforming structure. Examples of special circumstances include but are not limited to disputes over insurance settlements in the case of fire or other casualty, delay in transferring title due to probate proceedings, litigation that impacts continuation of a nonconforming use or nonconforming structure, labor strikes, war, and acts of God. If the delay is due to the actions or inactions of the individual or entity that desires to continue the nonconforming use, as determined at the sole discretion of the city, the city may deny any requested extension of time limitation.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

A.

A legal nonconforming lot may be developed; provided, that:

1.

It meets all other requirements of this title and/or has obtained a variance pursuant to this title; or

2.

A reasonable use exception has been obtained in accordance with the provisions of this title.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

Property classified as nonconforming may be transferred or sold without that fact alone affecting the right to continue the nonconforming use or use of a nonconforming structure.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)