A. Existing lots, structures, buildings, and uses that lawfully existed before this Code was adopted but are now nonconforming under the terms of this Code and its amendments, are declared legal nonconformities and not in violation of this Code. Legal nonconformities may remain until they are discontinued or removed or, where discontinuance or removal is not feasible, the intent is to gradually upgrade them to conforming status. Legal nonconformities cannot be enlarged, expanded, altered, or extended except as otherwise permitted by this Code, and cannot be used as grounds for adding other structures and uses.

B. Nonconformities which cannot be proved conclusively to have legally existed prior to the effective date of this Code are illegal nonconformities and subject to enforcement under the provisions of this Code. The City is not responsible for providing this information, the property owner is responsible for providing the City with the necessary information to determine legal nonconforming status.

C. Nonconformities are declared to be incompatible with the district in which they are located. Except as may be permitted by this Code, a nonconforming use or structure is not permitted to increase its nonconformity.

D. Projects under Construction. To avoid undue hardship, nothing in this Article requires a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption of this Code, and upon which actual building construction has been diligently carried on (requires that the property owner has begun substantial construction under a lawfully issued building permit).

A. Any nonconforming lot is permitted to be used for a use permitted in the district in which it is located if all buildings and structures meet the schedule of regulations for the district.

B. In any district in which one-unit dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a one-unit dwelling along with customary accessory building(s) may be erected on any single lot of record in existence at the effective date of adoption of this Code. The lot may be developed without the need for a variance from the BZA to lot area or width requirements, provided all setbacks and other requirements are met.

The use of any land or structure existing and lawful on the effective date of this Code may be continued, even though the use does not conform to the use provisions of this Code, subject to the following conditions:

A. Expansions. Except as otherwise permitted by law, nonconforming uses shall not be enlarged, increased, altered, moved in whole or in part or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

B. Restoration of Damage. If a structure that is occupied by a nonconforming use is damaged by any means or in any manner to the extent that the cost of reconstruction or restoration exceeds 100 percent the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, excluding the value of land, for purposes of taxation, such structure may be reconstructed or restored only if its use conforms with the provisions of this chapter.

C. Repairs to Nonconforming Use. On any structure devoted in whole or in part to any nonconforming use, other than a one-unit dwelling, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 25% of the current replacement value of the structure, provided that the structure is not enlarged, extended, moved or structurally altered.

D. Safety Repairs. Nothing in this chapter prevents the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any department charged with protecting the public safety, upon order of such department.

E. Prohibition on Reestablishment if Replaced by Conforming Use. If a nonconforming use is terminated and replaced by a permitted use, such nonconforming use cannot be later reestablished.

F. Discontinuance or Termination. When a nonconforming use ceases operation for six consecutive months, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located. A nonconforming use shall be determined to have ceased operation if one or more of the following conditions, which shall be deemed to constitute intent on the part of the property owner to abandon the nonconforming use, exist:

1. Utilities, such as water, gas and electricity to the property, have been disconnected.

2. The property, buildings or grounds are uninhabitable, structurally deficient or inaccessible.

3. Signs or other indications of the existence of the nonconforming use have been removed.

4. Removal of equipment or fixtures which are necessary for the operation of the nonconforming use.

5. Other actions, which in the opinion of the community development department constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

G. Change of tenancy or ownership. There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change in character to the non-conformity and that all building and fire codes are met.

Structures and buildings that are existing and lawful on the effective date of the ordinance from which this chapter derives may be continued even though the structure or building does not conform with the dimensional or other provisions of this chapter, subject to the following provisions of this section.

A. Expansions.

1. Except as otherwise permitted by law, a nonconforming structure, building or section thereof shall not be enlarged, extended, constructed, reconstructed or altered in any way that increases the nonconformity.

2. Should a nonconforming building or structure be moved, it shall conform to the requirements of the district to which it is relocated.

3. A residential nonconforming building may be expanded provided the expansion will be within required setbacks and other dimensional and building code requirements.

B. Restoration of Damage. Should a nonconforming building or structure or section thereof be destroyed by any means to an extent equal to or more than 100% of state equalized value of the building or structure at the time of destruction, it shall not be reconstructed except in conformance with the provisions of this article.

1. If the damage, exclusive of the foundation, is less than 100% of state equalized value, then the building, structure or section thereof may be restored, subject to approval of the planning commission, but in no event shall there be an increase in the nonconforming condition that existed before the damage. Restoration must be started within 1-year of the date of the destruction and diligently pursued until completion.

2. Foundations, or any part thereof, cannot be reused unless they comply with the schedule of regulations of that district.

3. Where nonconforming status applies to a building or structure and a use of land, in combination, the removal or destruction of the structure must eliminate the nonconforming status of the land. In that event, the nonconforming use cannot be resumed.

C. Repairs, Improvements, or Modernization. Repairs, improvements or modernization of non-conforming structures and buildings shall be permitted provided the repairs or improvements do not exceed 50 percent of the value of the building or structure during any period of 12 consecutive months. This cost/value calculation shall not include any costs associated with modernization of electrical, plumbing, heating or cooling systems to meet building code requirements. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of maintenance and repairs and is declared as such by the community development department, it shall not thereafter be restored, repaired or rebuilt except in full conformity with the regulations in the district in which it is located.

D. Permitted Building Improvements. A building that is nonconforming may be altered or rehabilitated if such activity will make the building conform to the regulations of this chapter and the building code.

E. Reconstruction of a Damaged Residential Structure. In the event a nonconforming residential structure or building is damaged by fire or other natural cause, a residential structure may be reconstructed on the same foundation provided the first-floor footprint and the total floor area does not exceed the size of the previous residence.

F. Change of Tenancy or Ownership. There may be a change of tenancy, ownership or management of a nonconforming structure or building, provided there is no change in character to the nonconformity and that all building and fire codes are met.

The Planning Commission may, from time to time, recommend to City Council the acquisition of nonconforming private property and the discontinuance of the nonconforming use or the removal or upgrade of the building or structure to make it conforming. Any action under this section must comply with all applicable federal and state laws.

Buildings or structures erected, altered or converted to uses in violation of this Chapter are declared to be a nuisance. The owner or agent in charge of the use, building or structure is responsible for maintaining a nuisance and the nuisance must be abated.