The purpose of this chapter is to regulate Nonconforming Uses, Nonconforming Structures, and Nonconforming Parcels.

A.

Nonconforming Structures. A nonconforming structure is any structure, other than a graphic, that was:

1.

Lawfully constructed in accordance with all applicable local zoning codes prior to the effective date of this zoning code or any of its amendments, that does not conform to a subsequently enacted applicable development standard of this zoning code, or

2.

Lawfully constructed when annexed to the city, that does not comply with an applicable development standard of this zoning code.

B.

Nonconforming Uses. A nonconforming use is any use, other than a billboard, that was:

1.

Lawfully established in accordance with all applicable local zoning codes prior to the effective date of this zoning code or any of its amendments, that does not conform to a subsequently enacted applicable use regulation of this zoning code, or

2.

Lawfully established when annexed to the city, that does not conform to an applicable use regulation of this zoning code.

C.

Nonconforming Lots and Parcels. A nonconforming lot or parcel is:

1.

Any individual taxing parcel or lot that was lawfully established, recorded, and existing in compliance with all applicable local zoning codes prior to the effective date of this zoning code that does not comply with either a subsequently enacted applicable lot width or lot area standard of this zoning code; or

2.

Any individual taxing parcel or lot that was lawfully established, recorded, and existing in compliance with all applicable local zoning codes when annexed to the city, that does not comply with either an applicable lot width or lot area standard of this zoning code.

(Ord. No. 2323-2012, § 1, 12-10-2012; Ord. No. 0173-2014, § 1, 3-3-2014)

Any nonconforming use, structure, lot or parcel that legally existed at the effective date of this zoning code or when annexed to the city or that becomes nonconforming upon the adoption of any amendment to this zoning code, may be continued in its zoning district so long as it remains otherwise in compliance with the provisions of this chapter. This chapter shall not be interpreted as authorizing the continuation of any use of a structure or land that did not lawfully exist on the effective date of this zoning code or any of its amendments, or when annexed to the city.

(Ord. No. 2323-2012, § 1, 12-10-2012; Ord. No. 0173-2014, § 2, 3-3-2014)

A.

A nonconforming structure, other than a graphic or billboard, may not be moved, repaired, maintained, altered, or enlarged except as allowed by this chapter or required by law.

1.

Repair, Maintenance, Alteration, and Expansion.

a.

A nonconforming structure with a conforming use of record may be repaired, maintained, altered, or enlarged; provided that no such repair, maintenance, alteration, or expansion shall either create any new condition of noncompliance to any standard of this zoning code, or otherwise increase the degree of the existing nonconformity of all, or any part, of such structure for which an exception is not provided in this zoning code.

b.

Notwithstanding the above, expansion of a nonconforming structure having floor area shall not exceed 50 percent of the total floor area of the original nonconforming structure.

2.

Additions. For nonconforming structures housing permitted residential uses, ordinary non-habitable additions that are external to dwelling units such as attached garages, porches, and decks, although requiring zoning clearance, shall not be considered expansions of nonconforming structures. A non-habitable addition, to a nonconforming structure housing a permitted residential use, shall comply with the applicable development standards of the district that permits such residential use.

3.

Moving. A nonconforming structure may not be moved, in whole or in part, for any distance whatsoever, to any other location on the same parcel or to any other parcel unless the entire structure conforms to all applicable standards of this zoning code after being moved.

4.

Removal/Reconstruction. Once a nonconforming structure is damaged to the extent that 50 percent or more of the existing total floor area is destroyed, or is removed from a site for any reason or by any means, any new or reconstructed structure on the site shall comply with all applicable standards of this zoning code. Reconstruction of a nonconforming structure having no floor area shall be limited to 50 percent of the structure's replacement value. Once brought into compliance, neither that structure nor any future replacement structure may revert to a nonconforming shape or location.

B.

Nonconforming uses do not automatically cause the structure to be nonconforming: Structures that conform to development standards that also contain nonconforming uses are not subject to the provisions of this section, [Section] 3391.05 Limits to Modifications of Nonconforming Structures. Nonconforming uses shall be subject to all of the provisions of Nonconforming Uses, Sections 3391.07 through 3391.13.

(Ord. No. 2323-2012, § 1, 12-10-2012; Ord. No. 0173-2014, § 3, 3-3-2014)

A nonconforming use may not be expanded or moved except as allowed by this chapter or as follows:

A nonconforming use may be expanded or moved by Special Permit under C.C. Chapter 3307, or as provided below.

1.

A nonconforming use may be expanded subject to the following standards:

a.

Detached structures. The construction of a detached accessory structure related to a nonconforming residential use shall be permitted subject to the provisions for residential accessory structures and private residential garages in this zoning code.

b.

Additions. For nonconforming residential uses, ordinary non-habitable additions such as attached garages, porches and decks, although requiring zoning clearance, shall not be considered expansions of nonconforming uses. Such non-habitable additions to nonconforming residential uses shall comply with the applicable development standards of the residential district that permits such use. (Example: Non-habitable structural additions to a nonconforming use consisting of a six-unit residential use located in a C-4 district will be subject to development standards in C.C. Chapter 3333, Apartment Districts as applied to the districts permitting a six-unit dwelling.)

(Ord. No. 2323-2012, § 1, 12-10-2012)

A nonconforming use may not be changed to any use other than a use permitted in the zoning district in which it is located, and there shall be no change in the essential purpose of a nonconforming use, except as allowed by this chapter.

A.

A nonconforming use may not change to any other use except by variance or as provided below.

1.

A nonconforming residential use may be changed to another nonconforming residential use subject to the following standards:

2.

The new use will decrease the number of dwelling units, and;

3.

Any improvement or alteration of the land or structure for the new use will not result in any increased nonconformity to any development standard found in this zoning code.

4.

The new use shall not revert to the previous nonconforming use.

B.

Substitution of a nonconforming nonresidential use is subject to C.C. 3307.10, Variances by City Council.

(Ord. No. 2323-2012, § 1, 12-10-2012)

A.

Voluntary discontinuance means the cessation of the active or productive operations of a use on the land or within a structure. Voluntary discontinuance terminates a nonconforming use. A nonconforming use that is voluntarily discontinued shall not be resumed or reestablished. Any subsequent use or occupancy of the land or structure must conform to the current regulations for the zoning district in which it is located. A use shall be considered voluntarily discontinued when any of the following occurs:

1.

When a nonconforming use has been replaced by a conforming use, or

2.

When the owner of the nonconforming use voluntarily discontinues the use for a period of 12 months or more. Examples of voluntary discontinuance include, but are not limited to, disconnection of essential utilities; or removal, without replacement, of equipment and furnishings characteristic of the nonconforming use.

B.

No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.

C.

Any period of discontinuance caused by government action and without any contributing fault by the nonconforming user is not considered in determining the period of abandonment or voluntary discontinuance.

(Ord. No. 2323-2012, § 1, 12-10-2012)

A nonconforming on-premises or off-premises graphic, including but not limited to billboards, shall not be considered a nonconforming use or structure for purposes of this chapter. All graphics shall be subject to the Graphics Code and all other applicable chapters of this Code.

(Ord. No. 2323-2012, § 1, 12-10-2012)