To allow for reasonable use of legally created lots of record that do not meet current minimum requirements for their respective zoning districts.

To provide for reasonable use of legally constructed structures that do not meet current site development regulations for their respective zoning districts.

To allow for the reasonable continuation of legally established uses that do not meet current use regulations for their respective zoning districts.

To limit the continuation and provide for the gradual replacement of nonconforming uses.

Application. These regulations apply to lots, buildings, structures, and uses that were constructed legally under regulations in effect before the effective date of this Zoning Ordinance. Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.

Pre-Existing Lots of Record. Nonconforming lots of record existing at the time of the adoption of this Zoning Ordinance shall be exempt, unless otherwise provided, from the minimum lot area and lot width requirements of each zoning district. Such lots may be developed with any use allowed by the regulations for the district and must comply with all other site development regulations set forth by this Zoning Ordinance.

Reductions from Public Acquisition. If a portion of a legally existing lot in any district is acquired for public use, the remainder of this lot shall be considered a conforming lot.

Continuation. A lawful nonconforming structure existing on the effective date of this Zoning Ordinance may be continued, repaired, maintained, or altered, subject to the provisions of this Section.

A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:

The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking, and landscaping requirements of this Zoning Ordinance.

The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district.

The addition projects no further into a required side yard setback than the existing building and the length of the side wall of the addition is the smaller of 25 feet or 50% of the length of the existing nonconforming side wall.

No permitted addition to a nonconforming structure may place a wall within ten (10) feet of a window of an adjacent pre-existing residential structure.

Nonconforming buildings shall be limited to one addition or enlargement pursuant to these regulations.

Moving of Nonconforming Structures. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.

Repair of Nonconforming Structures. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed provided no increase in the degree of nonconformity.

Conversion of a Conforming Building. A conforming building shall not be changed in any way that will result in a nonconforming development.

Applicability of Landscaping and Screening Regulations. A pre-existing structure, building, or development shall be exempt from Section 165.08, Landscaping and Screening. However, any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this Zoning Ordinance shall be subject to Section 165.08, Landscaping and Screening Regulations.

Nonconforming Uses. Any nonconforming use lawfully existing on the effective date of this Zoning Ordinance may continue, subject to this Section.

Continuation. Whenever the use of a premise becomes nonconforming through a subsequent change in this Zoning Ordinance or zoning district boundaries, such use may be continued or changed to another nonconforming use of the same or lesser intensity if approved by the City Council at a public hearing following a public hearing by the Commission including their recommendation to the City Council.

Enlargement of Nonconforming Uses. A building or structure housing a lawful nonconforming use shall not be added to or enlarged.

Abandonment of Nonconforming Use. If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of twelve (12) months, any subsequent use must conform to all use regulations applicable to the property's zoning district.

Discontinuance of Nonconformities. No premises, building or portion thereof, used in whole or part for nonconforming purposes according to the provisions of this Zoning Ordinance, which hereafter become and remain vacant for a continued period of two (2) calendar years, shall again be used except in conformity with the regulations of the district in which such building or premises is situated.

Nonconforming Uses; Certificates. Nothing in this Zoning Ordinance shall prevent the continuance of a nonconforming use as herein authorized, unless a discontinuance is necessary for the safety of life or property. Certificates of occupancy shall be given to each nonconforming use indicating its status as a lawful, nonconforming use as of the time when it legally became a nonconforming use and requiring that any change in use requires a new permit and certificate of occupancy. A certificate of occupancy for the nonconforming use shall be transmitted by the owner to any succeeding owner of the property to confirm its legal existence.

Conversion of Nonconformities. An owner of a nonconforming use may apply for a conditional use permit, which has the effect of making the nonconforming use conforming. The criteria for conditional use approval are set out in Subsubsection 165.03.04.I, Conditional Use Permit . A conforming building and/or structure shall not be changed in any way that will result in a nonconforming development. The following additional conditions apply to a conditional use application to convert a nonconforming use to a conforming use:

Nonconforming Uses and Conditional Use Permits. A lawful pre-existing use that requires a conditional use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Subsubsubsection 165.03.04.I.viii, Lapse and Revocation of Permit.