(a)

Any parcel of land, use of land, or structure existing as of the effective date of the ordinance from which this chapter is derived, that does not conform to the requirements of this chapter may be continued and maintained subject to the provisions in this article.

(b)

Nothing in this article may be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements, which do not increase in scope or scale the nonconformity of the structure.

Nothing in this article may be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official charged with protecting the public safety and who declares the structure to be unsafe and orders its restoration to a safe condition; provided the restoration is not otherwise in violation of this chapter.

(c)

No nonconformity may be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure conforms to the regulations of the applicable district after being moved.

(d)

No use or structure that is accessory to a principal nonconforming use or structure may continue after the principal use or structure has ceased or terminated, unless it thereafter conforms to all of the regulations of this chapter.

(Ord. No. 2020-16, § 11.02, 3-16-2020)

(a)

Vacant lots. If the owner of a nonconforming vacant lot owns adjoining land that may be combined with it in order to comply with the requirements of this chapter, the lots must be combined before the city issues a building permit or any approval required by this chapter for development of the lots.

If the owner of a nonconforming vacant lot of record does not own sufficient adjoining land to enable compliance with the area and dimensional requirements of this chapter, one building and its accessory structures may be built provided they conform as closely as possible, as determined by the ZBA, to the requirements of the applicable district, and further provided that no side yard, where required to be greater than five feet, may be reduced to less than five feet.

(b)

Occupied lots. Where multiple dwellings existed on one lot in the R-1 or R-2 District, on the effective date of Ordinance No. 848, the owner may apply for a variance to subdivide the lot, so that each dwelling may be on its own lot, though the resulting lots may be smaller than required by this chapter. If a dwelling on such a lot is destroyed by fire or natural disaster, it may be rebuilt provided it conforms as closely as possible, as determined by the ZBA, to the district requirements.

(Ord. No. 2020-16, § 11.03, 3-16-2020)

(a)

Generally.

(1)

A nonconforming use may not be changed to another nonconforming use.

(2)

Whenever a nonconforming use changes to a conforming use, it may not thereafter revert to the previous or any other nonconforming use.

(3)

A nonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity.

(4)

When any nonconforming use is discontinued for a continuous period of more than 365 days, any subsequent use of the lot or structure, as applicable, must comply with the use regulations of the applicable district.

(b)

Nonconforming uses of land. A nonconforming open use of land may not be enlarged to cover more land than was occupied by the use when it became nonconforming.

(c)

Nonconforming uses of structures.

(1)

A nonconforming use of a structure may not be extended or enlarged except into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use.

(2)

Nonconforming residential structures in any district, in which the residential use is not permitted, may be enlarged, extended or structurally altered, provided no additional dwelling units are created, and the extension or alteration complies with all other requirements of this chapter.

(3)

A structure containing a nonconforming use may not be moved to any portion of the lot other than that occupied when the use became nonconforming.

(Ord. No. 2020-16, § 11.04, 3-16-2020)

(a)

Any nonconforming dwelling damaged by fire, wind, flood, or other causes, may be repaired or rebuilt within the footprint and square footage of the nonconforming dwelling. The repairs or reconstruction must be initiated within 180 days and completed within 365 days of such damage. Other nonconforming structures damaged by fire, wind, flood or other causes up to 60 percent of their value prior to the damage, may be repaired or rebuilt within the existing footprint and square footage. If the damage exceeds 60 percent of the value of the structure, the structure must be made to conform to applicable zoning regulations, if repaired or rebuilt.

(b)

Any accessory structures such as storage buildings, detached garages, and similar buildings which have been damaged by fire, wind, flood, or other causes, must be brought into compliance with the requirements of the zoning district in which they are located.

(Ord. No. 2020-16, § 11.05, 3-16-2020)