Nonconformities shall be allowed to continue in accordance with the regulations of this article. If a use lawfully occupying land or buildings immediately before the effective date of the ordinance from which this chapter is derived is classified by the use table in section 38-86 as a conditional use in the zoning district where that use is located, such use shall not be considered a nonconforming use. The existing use shall be considered a lawful conditional use, the same as if the planning and zoning commission had expressly approved the location of that use on the lot where existing at the effective date of the ordinance from which this chapter is derived.

(Ord. No. 12-12-2013-1, § 601, 12-12-2013)

(a)

Nonconforming use. No nonconforming use may be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on the effective date of the ordinance from which this chapter is derived, except upon authorization by the planning and zoning commission and in conformance with the procedures set forth in section 38-269. Establishment or extension of a lawful use in a nonconforming structure shall not be deemed the extension of a nonconforming use.

(b)

Nonconforming structure. No nonconforming structure may be enlarged, expanded or extended in such a manner that it shall be made more nonconforming (for example, by increasing the encroachment of a building into a required yard or by increasing the height of a structure above that allowed for the affected district). A nonconforming structure may be enlarged, expanded or extended so long as the nonconforming feature is not enlarged, expanded or extended, thereby making the structure more nonconforming.

(Ord. No. 12-12-2013-1, § 602, 12-12-2013)

A nonconforming use may be changed to another use as follows:

(1)

A nonconforming use may be changed to a conforming use.

(2)

A nonconforming use may be changed to another nonconforming use, provided the new use is of the same general character or less intensive in character (and thus more closely conforming). The determination of whether a proposed use is less intensive shall be made by the city administrator in accordance with the provisions for written interpretations in section 38-48. A nonconforming use, if changed to a less intensive nonconforming use, may not thereafter be changed back to a less conforming or more intensive use.

(Ord. No. 12-12-2013-1, § 603, 12-12-2013)

If a nonconforming use or structure is not operated during a continuous period of six months, said nonconforming use or structure shall be considered abandoned, and the structure or tract of land where the nonconforming use previously existed shall thereafter be occupied and used only in conformity with this chapter.

(Ord. No. 12-12-2013-1, § 604, 12-12-2013)

(a)

Total destruction or obsolescence. A nonconforming use or structure shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause.

(b)

Partial destruction.

(1)

In the case of a nonconforming use or structure partially destroyed by any cause, the building official shall be authorized to issue permits for complete reconstruction, so long as the building official determines that the cost of such reconstruction does not exceed 50 percent of the current replacement value for the entire structure.

(2)

In the case of a nonconforming use or structure partially destroyed by any cause, where the costs of proposed reconstruction are determined by the building official to exceed 50 percent of the current replacement value for the entire structure, the building official shall be authorized to issue permits for reconstruction only when specifically authorized by the planning and zoning commission. Such rebuilding or restoration shall comply with the provisions of this chapter to the extent deemed reasonably practical, and the applicant shall make every reasonable effort to eliminate the nonconformities and bring the structure and site into substantial conformance with this chapter.

(Ord. No. 12-12-2013-1, § 605, 12-12-2013)

(a)

Normal maintenance. Normal maintenance of a building or a structure containing a nonconforming use is allowed, including necessary nonstructural repairs and incidental alterations not extending the nonconforming use.

(b)

Structural changes. No structural alteration shall be made in a building or other structure containing a nonconforming use except when required by law.

(c)

Major repairs. No major repairs or substantial alterations shall be allowed unless and until the off-street parking and off-street loading space requirements of article V of this chapter are met.

(Ord. No. 12-12-2013-1, § 606, 12-12-2013)

(a)

When in its judgment, the public convenience, health, safety and welfare will be substantially served, the city council may, after receiving a recommendation from the planning and zoning commission and after public notice and public hearing, take action relative to the discontinuance of a nonconforming use. Required public notice shall be by mail and by newspaper publication, in accordance with the standards of section 38-43.

(b)

The city council may require the discontinuance of a nonconforming use or structure under any plan whereby full value of the property can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter.

(c)

In addition, the city council may require the removal of any structure or improvements located on property where discontinuance of a nonconforming use has been ordered if such improvements cannot, in the council's opinion, be converted to a lawful use.

(Ord. No. 12-12-2013-1, § 607, 12-12-2013)

(a)

Purpose and applicability. Some uses of land will not conform to regulations of the zoning district in which they are located, even though such uses lawfully occupy that land before the effective date of the ordinance from which this chapter is derived. Such nonconforming uses require approval by the planning and zoning commission in order to be enlarged, expanded or extended to occupy more land or floor areas than prior to the effective date of the ordinance from which this chapter is derived.

(b)

Submission of application. A complete application for expansion of a nonconforming use shall be submitted to the city administrator on a form prescribed by the director along with the appropriate application fee. Any such application shall include plans or drawings sufficient in clarity and detail to describe existing use of the subject property as well as any proposed expansion.

(c)

Hearing and action by planning and zoning commission. The planning and zoning commission shall hold a public hearing on an application for enlargement of a nonconforming use. At the public hearing, the planning commission shall consider the application, any pertinent comments by the city staff, any relevant support materials and the public testimony given at the public hearing in light of the criteria in subsection (d) of this section. After the close of the public hearing, the planning commission shall vote to approve, approve with conditions, or deny the application for enlargement of a nonconforming use, pursuant to the criteria in subsection (d) of this section.

(d)

Approval criteria. Approval by the planning and zoning commission of any proposed enlargement of a nonconforming use shall be based upon the following criteria.

(1)

Impacts minimized. Whether and the extent to which the proposed expansion of a nonconforming use creates adverse effects, including adverse visual impacts, on adjacent properties.

(2)

Compatible with surrounding area. Whether and the extent to which the proposed expansion of a nonconforming use is compatible with existing and anticipated uses surrounding the subject property.

(3)

Effect on natural environment. Whether and the extent to which the proposed expansion of a nonconforming use would result in significant adverse impacts on the natural environment, including, but not limited to, adverse impacts on water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

(4)

Community need. Whether and the extent to which the proposed expansion of a nonconforming use addresses a demonstrated community need.

(5)

Development patterns. Whether and the extent to which the proposed expansion of a nonconforming use would result in a logical and orderly pattern of urban development in the community.

(e)

Conditions. The planning and zoning commission may impose such conditions on an expansion of a nonconforming use as are necessary to accomplish the purposes of this chapter, to prevent or minimize adverse impacts on the public and on neighborhoods, and to ensure compatibility of the site with its surroundings. These conditions may include, but are not limited to, limitations on size, bulk and location; requirements for landscaping, buffering and screening, lighting, and adequate ingress and egress; cash deposits, bonds or other guarantees of performance; other on site improvements; and limitations on the duration or hours of operation of an expanded use.

(f)

Expiration of approval. A building permit for any approved expansion of a nonconforming use must be acquired and construction must be substantially complete within 12 months from the date on which the expansion was approved. The city administrator may grant a longer period of time when provided with significant evidence that the approved expansion cannot realistically be constructed during the first 12 months, but in no event shall such extension period exceed an additional 12 months.

(g)

Appeal.

(1)

Appeal of the planning and zoning commission's decision on expansion of a nonconforming use shall be made to the city council within 30 days of the final action by the planning commission. The appeal shall be submitted in writing to the city administrator and processed in accordance with section 38-52.

(2)

In considering such an appeal, the city council shall review the decision in light of this chapter, the official zoning map, and any other land use policies adopted by the planning and zoning commission or city council, whichever are applicable. The city council shall modify or reject the decision of the planning commission only if it is not supported by substantial competent evidence or if the planning commission's decision is contrary to this chapter or the official zoning map.

(Ord. No. 12-12-2013-1, § 608, 12-12-2013)