(a)

Purpose. As the result of the adoption, amendment, and repeal from time to time of the regulations within this Chapter, certain land uses, lots, or structures that were lawfully established or allowed at the time of their creation may become nonconforming and/or prohibited. It is the intent of this Article to allow the continuation of such nonconforming uses, lots, and structures subject to the provisions set forth in this Article.

(b)

Determination of nonconformity status. The burden of establishing the existence of a nonconformity shall be solely on the owner of property containing the nonconformity.

(c)

Maintenance and minor repair. Minor repairs or maintenance of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree of nonconformity. Maintenance and minor repairs include the following:

(1)

Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of a building or structure, or repairs to the exterior or interior of a building or structure, without expanding the building or structure;

(2)

Maintenance of land to protect against and mitigate health and environmental hazards; and

(3)

Repairs that are required to remedy otherwise unsafe conditions.

(Ord. 983 §3, 2025)

(a)

Continuation of use. Except as expressly provided for herein, a nonconforming use shall be allowed to continue in the same manner and to the same degree as established before the creation of the nonconforming use, subject to the following:

(1)

A nonconforming use shall not be expanded, enlarged, increased, or extended to occupy a greater area of land than occupied on the date of the creation of the nonconformity.

(2)

A nonconforming use shall not be changed or altered to another nonconforming use.

(3)

A nonconforming use shall not resume, or be restored or reestablished after a discontinuance of six (6) consecutive months or more.

(4)

A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel occupied by such use.

(b)

Change in use. A nonconforming use may change to an allowed use within the zoning district in accordance with the following:

(1)

The change in use shall not create any additional nonconforming situations or increase any existing nonconformity;

(2)

Any new improvements necessitated by the change in use shall conform to all standards of the applicable zoning district, and use-specific standards applicable to the new use, the building code, and any other applicable City standards;

(3)

Any expansion associated with a proposed change in use shall comply with this Chapter; and

(4)

Any change in use that requires a special use permit, PUD approval, and/or rezoning shall only be allowed if the proposed use and site improvements, other than existing nonconforming structures, comply with this Chapter.

(Ord. 983 §3, 2025)

(a)

Continuation of use of structure. Except as expressly provided for herein, a nonconforming structure shall be allowed to continue in the same manner and to the same degree as established before the creation of the nonconforming structure subject to the following:

(1)

Damage or destruction. When a nonconforming structure is damaged in excess of sixty percent (60%) of its assessed value at the time of damage, it shall only be restored in compliance with this Chapter.

(2)

Expansion of a nonconforming structure. A nonconforming structure may be allowed to expand if the expansion complies with this Chapter. An expansion shall not increase the degree of any nonconformity, as determined by the City Manager.

(3)

Movement of a nonconforming structure. A nonconforming structure shall only be moved if such movement places the structure in a location that removes the nonconformity and complies with this Chapter.

(b)

Nonconforming accessory structures. A nonconforming accessory structure shall not be converted into a primary structure unless the structure complies with this Chapter.

(Ord. 983 §3, 2025)

(a)

Development on a nonconforming lot. A nonconforming lot may be developed provided that the proposed development complies with this Chapter except for lot area and/or lot width standards.

(b)

Subdivision shall not create nonconformities. No subdivision or adjustment to lots shall create nonconforming lots, or cause any structure, building, space, or use to become nonconforming.

(Ord. 983 §3, 2025)