(1)   The lawful use of buildings or land existing on January 31, 1980, which does not conform to the provisions of this section may be continued through repair, replacement, restoration, maintenance or improvement; provideds, however, that no non-conforming use of land shall be enlarged or increased, nor shall any non-conforming use be extended to occupy a greater area of land than that occupied by the use at the time of the adoption of this section; nor shall any non-conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this section.

   (2)   Buildings found to be non-conforming only by reason of height, yard or area requirements shall be exempt from the provisions of this Subsection 1001.22, Subd. 1.

   (1)   The lawful use of a building existing at the time of the adoption of this Subsection may be continued, although the use does not conform with the provisions hereof.

   (2)   If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.

   (3)   The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed.

   (4)   A non-conforming use may be changed to lessen the non-conformity of that use. Thereafter, the use may not be altered as to increase the non-conformity. Further, when any non-conforming use has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

   (1)   A lawful non-conforming use or building may not be enlarged or extended in size or intensity except in the following circumstances:

      a.   If the proposed expansion is equal to or less than 20% of the existing square footage of the building existing on the date of this Subsection or the proposed expansion is equal to or less than 20% of the building’s value on the date of this Subsection and the expansion meets current City regulations with respect to setbacks, lot coverage, height and other dimensional regulations (hereinafter “dimensional regulations”), the expansion may proceed by Administrative Permit for Limited Expansion of Non-Conforming Use issued by the Zoning Administrator. The applicant shall file with the Zoning Administrator a survey and site plan showing all dimensions for the proposed expansion, and shall provide such other information as the Zoning Administrator shall request. Any expansion allowed under this paragraph, shall have a similar design to and shall have the same exterior materials as the existing building.

      b.   If such enlargement or extension is required by local, state or federal rules and regulations and exceeds 20% and conforms to the City’s current dimensional regulations the same may proceed by Permit for Expansion of Non-Conforming Use, which may be issued by the City Council following notice and hearing in the same manner as required for the issuance of conditional use permits. In that event, any expansion over 20% is allowed, the City can impose such conditions as it deems necessary to have the expansion be consistent with the area and the proposed uses under the City’s Comprehensive Plan, and shall require:

         1.   When an existing building is expanded to an extent greater than 20% but equal to or less than 30% of the existing square footage or building value (based on latest assessed value), whichever is less, the building addition must meet the standards of City Code with colors complementary to the existing building. If the building addition is to the front or side of the building then improvements to the front facade, facing the public street, meeting the standards of City Code shall be included.

         2.   When an existing building is expanded over 30%, of the existing square footage or building value (based on latest assessed value), whichever is less, the building addition plus the existing building area shall meet the standards of City Code.

      c.   A lawful non-conforming use may be reconfigured if in the discretion of the City Council it will lessen the non-conformity, abate a nuisance or promote the public health, safety or welfare. An applicant may apply for such reconfiguration shall provide a survey and site plan and such other information as required by the Zoning Administrator. The application shall be processed in the same manner as provided for a conditional use permit.

      d.   In the event an enlargement, extension or reconfiguration is allowed, the property owner shall enter into an agreement with the City, drafted by the City Attorney, stating, among other things, the purpose of the enlargement, extension or reconfiguration, that the non-conforming use or building shall remain a legal non-conforming use or building, and shall be subject to the following. When an existing non-conforming building or use in a Business, Industrial or Mixed Use District is expanded, after the effective date of this Subsection, the building expansion must comply with the provisions of this Code.

   Whenever a lawful non-conforming structure or use has been damaged by fire or other peril to the extent of 50% or more of its fair market value as estimated by the Director of City Planner and approved by the Council, and building permit has been applied for within 180 days of when the property is damaged, the Council may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. If no building permit is applied for within 180 days, any future use of the structure or land shall be in full conformity with the provisions of this Code.

   (1)   Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary non-structural repair and incidental alterations which do not extend or intensify the non-conforming building or use.

   (2)   Nothing in this Code shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building codes and standards of the City.

(Ord. 2010-14, passed 7-13-2010)