The purpose of this Chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Zoning Code's enactment, or amendment thereto, but which now do not conform with one (1) or more of the regulations contained in this Zoning Code. Nonconforming uses of structures and/or land are considered by this Code to be incompatible with the provisions applicable in the district in which such uses are located. In addition, it is recognized that there are lots, buildings, parking lots, signs, and other structures that do not conform to the zoning regulations in this Code. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming uses, nonconforming buildings/structures, and nonconforming lots are established in order to achieve the following purposes:

   (a)   To permit the continuance but control of nonconforming uses so as to minimize any adverse effects the uses might have on the adjoining properties and development;

   (b)   To continue the maintenance and repair of nonconforming uses;

   (c)   To restrict the rebuilding of nonconforming uses, if substantially destroyed;

   (d)   To require conformity if a nonconforming use is discontinued, to bring about eventual conformity of all uses in accordance with the objectives of the City;

   (e)   To establish regulations for the development of sites containing nonconforming site conditions;

   (f)   To establish regulations for the development of nonconforming lots; and,

   (g)   To establish regulations for the use, restoration, reconstruction, and expansion of structures that do not conform to the standards set forth in this Zoning Code.

(Ord. 2010-059. Passed 3-7-11.)

   The provisions of this Chapter shall apply to any building, structure, land, site condition, or other use hereafter becoming nonconforming as a result of the adoption of this Zoning Code as well as amendments made to this Zoning Code or the Official Zoning Map.

   (a)   The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this Code, or any amendments thereto, may be continued although such use does not conform to the provisions of this Code. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provisions and conditions set forth in this Chapter.

   (b)   A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.

   (c)   Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.

(Ord. 2010-059. Passed 3-7-11.)

   A nonconforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:

   (a)   Change or Substitution to Another Nonconforming Use. A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless:

      (1)   The Board of Zoning and Building Appeals finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code and when made a part of the terms under which the change is granted.

         A.   Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.

         B.   Whenever a nonconforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a nonconforming use. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.

         C.   Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Zoning Code.

      (2)   An application is filed with the Board of Zoning and Building Appeals and such application includes payment of the fee established by the City.

   (b)   Land Occupied by Nonconforming Use.

      (1)   Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming, unless otherwise specified.

      (2)   Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.

   (c)   Structures Occupied by Nonconforming Use.

      (1)   Extension of Nonconforming Use within Building. A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.

      (2)   Expansion of Building(s). No such building shall be enlarged, altered, or expanded to increase the nonconforming use, and no additional structures shall be constructed in connection with such nonconforming use unless the Board of Zoning and Building Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Board of Zoning and Building Appeals shall consider the following:

         A.   Hours of operation;

         B.   Volume and type of sales;

         C.   Type of processing activity;

         D.   Nature and location of storage;

         E.   Traffic generation by volume, type, and characteristics;

         F.   Parking and loading characteristics; and,

         G.   Noise, smoke, odor, glare, vibration, radiation, and fumes.

      (3)   Reconstruction of a Building Occupied by a Nonconforming Use. Except as provided for in (4) below, no building or structure occupied by a nonconforming use shall be reconstructed except when the use is changed to a use permitted in the district in which it is located, or upon prior approval of the Board of Zoning and Building Appeals and the Board determines that the proposed improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent uses.

      (4)   Damage or Destruction. Any building or structure containing a nonconforming use, which has been damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if such reconstruction is done within twelve (12) months of such calamity, unless damaged for more than fifty percent (50%) of its fair market value, as determined by the Board of Zoning and Building Appeals at the time of such damage. If damage is more than fifty percent (50%), the Board shall have the right to permit or refuse continuance of the nonconforming use on the basis of its degree of nuisance to the surrounding areas.

   (d)   Discontinuance of Use. Whenever a nonconforming use of a building, part of a building, lot or part of a lot is discontinued for six (6) months, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.

(Ord. 2010-059. Passed 3-7-11.)

   A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

   (a)   Enlargement. Repair, and Alterations. A nonconforming building or structure may be enlarged, maintained, repaired, or structurally altered provided the additions are made to conform to all the regulations of the district in which it is located. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such building or structure with respect to the regulations in this Zoning Code.

   (b)   Moving. No building or structure which is nonconforming under this Zoning Code shall be moved in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the district in which it is located after being moved.

   (c)   Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any means, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within six (6) months of the damage or destruction. Any restoration that exceeds the original footprint and/or floor area shall comply with subsection 1286.04(a), Enlargement, Repair, and Alterations.

   (d)   Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.

   (e)   Variances from district regulations on area, lot coverage, lot width, height, setbacks, location on the lot may be granted by the Board of Zoning and Building Appeals where necessary and where such appeal for a variance meets the requirements of an area variance.

(Ord. 2010-059. Passed 3-7-11.)

   A lot of record that, on the effective date of this Zoning Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:

   (a)   Existing Buildings on Nonconforming Lots of Record.

      (1)   Existing Building on a Non-residential Nonconforming Lot. If a nonconforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.

      (2)   Existing Dwelling on a Residential Nonconforming Lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area except in conformance with Section 1258.11, Substandard Residential Lots.

   (b)   Vacant Nonconforming Lot(s) of Record.

      (1)   Nonconforming Lot(s) of Record in a Residential District. A nonconforming lot in a Single-family, Two-family, or Multi-family Residential District that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a one family detached dwelling and customary accessory buildings in conformance with Section 1258.11, Substandard Residential Lots.

      (2)   Vacant Nonconforming Lot in a Non-residential District. A vacant nonconforming lot in a non-residential district may be used for any use permitted in the district in which it is located when the development of such lot meets all development requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements, except that no use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a nonconforming lot. Review and approval of development on such lots of record shall be conducted according to the site plan review requirements set forth in Chapter 1240.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   A sign, lawfully existing at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which does not comply with the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Chapter 1298, Sign Regulations.

   (b)   In addition, nothing in this Zoning Code shall prevent the temporary removal of an established sign for the purpose of cleaning, repainting and/or repair, as long as such restoration returns the condition of the sign to the same size and with similar wording that it contained prior to the restoration.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   For a building or use existing lawfully at the time of this Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with the off-street parking regulations, see Chapter 1284, Off-street Parking Regulations.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   If a nonconforming site condition(s) exists when a revised site plan is required pursuant to Chapter 1240, then such site condition(s) shall be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the location of parking and access on the site in question, and the location of utilities both on and off-site. In such case, the Planning Commission shall approve a site plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Zoning Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in operations shall only be permitted upon review and approval according to the procedures for conditional uses set forth in Chapters 1241 and 1287.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Commissioner and/or the Zoning Administrator.

(Ord. 2010-059. Passed 3-7-11.)