1. No Expansion. Ensure that nonconforming uses do not expand;
2. Protection. Protect conforming uses from nuisances that may be associated with nonconformities; 
3. Encourage Conformance. Encourage property owners of nonconformities to alter a nonconforming structure, sign,  fence/wall, lot, or use into one that complies with the standards of this NDC; 
4. Elimination. Eliminate substantially damaged or abandoned nonconformities whose degrees of incompatibility with adjacent lands uses are high; and 
5. Balance. Balance the City's objective to eliminate nonconformities with a landowner’s right to maintain and make use of a nonconformity.

1. Nonconforming Uses. The following uses are nonconforming uses:
   1. Uses that were lawfully established but are not currently listed as permitted or conditional uses;
   2. Uses that were lawfully established but do not meet the requirements of Division 07, Use-Specific Standards; and
   3. Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.
2. Nonconforming Structures or Fences/Walls. The following are nonconforming structures or fences/walls:
   1. Structures or fences/walls that were lawfully established but do not meet one or more dimensional standards in Article 158.02, Character Districts, Sec. 04.08.3, Housing and Building Types, or Division 12, Landscaping, Fencing, and Buffering, where applicable; and
   2. Structures or fences/walls that were lawfully established within a floodplain or floodway, but are no longer permitted due to their location or elevation within the floodplain or floodway.
3. Nonconforming Lots of Record. A lawfully established lot, not held in common with any other lot, that does not meet the area or other dimensional standards of this NDC, is a nonconforming lot of record. Lots that are held in common, but which individually do not meet lot area or dimensional standards, are curable nonconformities. Where a landowner owns several nonconforming lots that abut each other, they may be combined to create conforming lots or, if full conformity is not possible, they may be combined to the extent that the combination increases the degree of conformity.
4. Nonconforming Signs. A lawfully established sign that fails to meet the applicable requirements of Division 13, Signs, is a nonconforming sign.

1. Percentage.
   1. For a structure housing a single- or two-family dwelling, the damage or destruction may equal one to 100 percent of the gross floor area of the structure affected; or 
   2. For all other structures, the damage or destruction does not exceed 66 percent of the gross floor area of the structure affected. 
2. Permit. Where applicable, a Zoning Permit per Sec. 07.21.9 or a Building Permit per Sec. 07.21.2 is obtained for repairs within six months of the date the structure was damaged; 
3. Construction. The construction is commenced within six months after obtaining the required Building Permits; and
4. No Increase. The original nonconformity is not enlarged, increased, intensified, or extended.

1. Was approved before the effective date of this NDC if a sign permit was required under applicable law; or
2. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law or conditions of approval immediately prior to the effective date; or
3. The sign had legal nonconforming status on the effective date of this NDC.

1. Sign Damage. A nonconforming sign damaged by fire, wind, age, obsolescence, or other cause in excess of 50 percent of its replacement cost shall be considered to have been destroyed and may not be restored except in conformance with Division 13, Signs.
2. Removal of Signs other than for Reasons of Repair or Maintenance. If a nonconforming sign is removed for any reason other than routine repair or maintenance, from that point on it shall conform to Division 13, Signs.
3. Danger to Public Safety. Nonconforming signs that  a Code Enforcement Officer, or the Fire Chief or Chief Building Inspector find are a danger to public safety due to damage or wear shall be removed or replaced in accordance with Division 13, Signs.

Single Lots of Record.  Any single nonconforming lot of record may be used for any use or building type allowed by the district in which it is located, whether or not the subject lot complies with minimum lot area and/or lot width standards, provided that:

1. Access to Street. The lot has direct access to an existing and improved public street or alley;

2. Contiguous Properties. The lot is in separate ownership from all adjacent and contiguous parcels, thereby preventing acquisition of the additional land area needed to comply with dimensional standards; and

3. Other Standards. Development on the lot complies with building placement, height and other applicable standards of this NDC (other than lot area and/or width).

Two or More Contiguous Lots of Record. If two or more lots of record, combinations of nonconforming lots of record, or portions of lots of record with continuous frontage on the same street are owned by the same entity according to the records of the Property Valuation Administrator, the lots involved are to be considered a conforming, undivided, and buildable parcel for the purposes of this NDC.

1. Making the use or structure conforming; or
2. Allows re-establishment or reconstruction of a minor nonconforming use or structure beyond the limits established in this Article.  

1. Review and Decision. In determining whether to approve, approve with conditions, or deny a CUP under this Section, the review bodies shall consider the applicable review criteria in this NDC and any one or more of the following that apply to the request: 
   1.  Minor Nonconformities. The structure or use, as constructed, conducted, and managed, is considered a minor nonconformity per Sec. 05.15.2.F.2 and has been integrated into the neighborhood's function.
   2. Patrons and Employment. Nearby residents regularly patronize or are employed at the subject property.
   3. Nuisances. Construction or management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
   4. Previous Complaints.
      1. There is no material history of complaints about the structure or use; or
      2. The conditions of the CUP will eliminate the sources of the complaints.
   5. Disincentive for Maintenance. The structure or use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
2. Affirmative Findings. In order to approve a CUP, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.