Lots, uses of land and premises, structures and design elements lawfully established prior to the adoption of this code, as amended, but which no longer conform to the development standards of this code are considered nonconformities. It is the intent of this code to permit these nonconformities to continue and to allow routine maintenance to prevent deterioration and blight, but not to encourage their long-term survival. Nonconforming uses are declared by this code to be incompatible with permitted uses in the district involved. It is further the intent of this code that nonconformities shall not be enlarged upon, expanded or extended in a manner which would increase the degree of nonconformity. Nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Historic structures that do not conform to the requirements of the code shall be exempt from the restrictions and limitations set forth in this article. Nothing in this article shall prevent compliance or be utilized as a basis for non-compliance with applicable laws or resolutions relative to the safety and sanitation of a structure or premises.

Any change of a nonconforming use of land or premises shall be to a conforming use.

No structure utilized for a nonconforming use shall be enlarged or extended in a manner which would increase the cubical content or floor area devoted to the nonconforming use. This limitation shall not preclude routine repairs and maintenance, provided that such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use.

For single-family homes made nonconforming by the comprehensive plan, such uses shall be allowed to continue with normal repairs and maintenance to existing buildings.

A substantial improvement of a structure in which there is a nonconforming use shall require that the use of the structure thereafter conform to the permitted uses for the zoning district in which it is located.

There may be a change of tenancy, ownership or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use except as may be permitted by this section. A change in ownership includes the time when a building containing a nonconforming use maintains an active listing with a real estate agency. This time frame is limited to a total of 12 months, after which the nonconforming use shall be deemed abandoned.

Nothing in the zoning code shall be interpreted as authorization for or approval of the continuation of the use of a structure or premises in violation of any law in effect at the effective date of the zoning code.

If for any reason a nonconforming use of land that contains no individual structure with a replacement cost exceeding $1,000.00 ceases or is discontinued for a period of more than 60 days, the land shall not thereafter be used for a nonconforming use, except that this restriction shall not apply to agricultural uses.

If for any reason a nonconforming use of a building or land ceases or is discontinued for a period of 36 months, the nonconforming use shall be considered abandoned and the building and land shall thereafter be used only for a permitted conforming use. A property owner may request an extension of the 36-month period by up to an additional 24 months, provided that the property owner has maintained an active sales listing of the property for the previous 24 months and subject to continuing an active sales listing throughout the additional period of time requested. If the active sales listing ceases at any time or 60 months has transpired after the nonconforming use initially ceased or was discontinued, the nonconforming use shall be considered abandoned and the building and land shall thereafter be used only for a permitted conforming use. For the purpose of this provision, a nonconforming use shall be considered to have ceased or been discontinued as evidenced by one or more of the following factors when appropriate to the particular use: discontinued occupancy, discontinued services (electric or utilities), discontinued occupational/business licenses, lack of property maintenance, and access barriers, signage or other physical conditions. The community development manager shall be responsible for determining whether a nonconforming use has been abandoned. A property owner may appeal the decision of the community development manager to the city council.

Any use which is permissible in a district as a supplemental standard under the terms of this code, except as provided in section 4.5 above, shall not be deemed a nonconforming use in such district, but shall without further action be considered to be a conforming use.

A nonconforming structure shall not be enlarged, expanded or extended in a manner which would increase the nonconformity. For example, an enlargement, expansion or extension of a structure that further reduces a nonconforming setback or increases non-conforming height would not be allowed, but an enlargement, expansion or extension that occurs within an area conforming to the setback or to a part of structure that conforms and would continue to conform with height limitations would be allowed.

Substantial improvement of a nonconforming structure shall require conformance with all code standards regulating the location, size, height of the structure, and shall require correction of any nonconforming design element on the lot to conform with applicable code requirements.

A nonconforming design element shall be corrected and made conforming under the following circumstances:

(a)

concurrently with a substantial improvement to a nonconforming structure.

(b)

concurrently with any change to a use or structure that relates to or affects the design element. For example, a change to a use or structure that requires additional parking would require correction of nonconforming parking.

A nonconforming design element shall not be modified in a manner to make the nonconformity greater. For example, a nonconforming buffer shall not be reduced in size.

The temporary, intermittent, unlawful use of a building or land shall not be sufficient to establish the existence of a nonconforming use or to create any vested rights in the continuance of such use, and the existence of a legal nonconforming use on a part of a parcel, lot, or tract of land shall not be construed to establish a nonconforming use on the entire parcel, lot, or tract.

Any nonconforming use or structure existing at the time of the adoption of this code which is acquired by any government agency for a public purpose may be moved, reconstructed or extended into other adjacent lands under the same ownership without losing its rights of nonconformity, provided that such uses and structures shall conform to the maximum extent practicable, while maintaining its purpose and size. All regulations in this code regarding nonconformities shall apply to such uses and/or structures after they have been moved, reconstructed or extended into other adjacent lands under the same ownership.

The foregoing provisions of this article shall also apply prospectively such that when a nonconformity occurs due to an amendment to this code, the nonconformity provisions of this article apply.