Applying new regulations to existing development can create situations where existing lot dimensions, development density or intensity, land uses, buildings, structures, landscaping, parking areas, signs or other conditions do not strictly comply with the new requirements. This chapter protects and regulates nonconforming uses, buildings, structures, and lots (referred to collectively as "nonconformities") and specifies the circumstances and conditions under which those nonconformities may continue. The city finds that nonconformities that adversely affect the orderly development and value of other property in the neighborhood or district should not continue unless restricted. At the same time, reinvestment in some properties that do not strictly comply with current regulations can maintain existing neighborhood assets and economic growth and is allowed with appropriate conditions. For existing lots or development (including uses, buildings, structures, and signs) that are "legally nonconforming," this chapter sets out fair rules for whether, when, and how the regulations of this title apply.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

There are three types of nonconformities addressed by this chapter:

(1)

Nonconforming use.

(2)

Nonconforming lot.

(3)

Substandard development.

(b)

Unlawful uses. This chapter does not excuse, authorize or legitimize uses, buildings, structures, parcels, or signs that were used, erected or maintained in violation of any previous zoning, subdivision or building regulation or otherwise not legally established or constructed. Those uses, buildings, structures, or signs are not "legally" nonconforming, but instead remain unlawful and subject to all requirements of this title (including enforcement provisions) and any other applicable law.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Prior rights. This chapter does not terminate any uses, site requirements or other adjustments authorized under the provisions of any ordinance that was repealed and does not excuse any violation of those ordinances.

(b)

Right to continue a nonconforming use. A nonconforming use may continue under the provisions of this chapter unless it becomes a public nuisance or is deemed abandoned (see below).

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Applicability. A "nonconforming use" means any use of land which was lawfully established prior to the adoption of this title or amendments thereto, which would not be permitted under the current provisions of this title. This includes any use which was lawfully established without a discretionary review and would require that review under the current provisions of this title.

(b)

Abandonment of nonconforming uses.

(1)

Abandonment is any cessation of a use regardless of intent to resume the use. In considering whether a use is abandoned, the administrator shall consider any combination of the following:

a.

Failure to maintain regular business hours, typical or normal for the use;

b.

Failure to maintain equipment, supplies or stock-in-trade that would be used for the active operation of the use;

c.

Failure to maintain utilities that would be used for the active operation of the use;

d.

Failure to pay taxes, including but not limited to sales tax, workers' compensation taxes, corporate taxes that would be required for the active operation of the use;

e.

Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use;

f.

Failure to maintain applicable business license(s); and

g.

Other relevant evidence.

(2)

If a nonconforming use ceases for a continuous period of more than one year or is superseded by a permitted use for a period of at least 30 days, the nonconforming use is deemed abandoned and shall not be reestablished.

(c)

Enlargement of nonconforming uses.

(1)

A nonconforming use shall not be extended or enlarged by more than ten percent of the area lawfully occupied by the nonconforming use as of the date on which it became nonconforming, except by conditional use permit. The enlargement of the nonconforming use shall not extend onto an additional parcel.

(2)

Any enlargement of a nonconforming use not requiring a conditional use permit shall obtain administrative review.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Nonconforming lots. Any lot or parcel which fails to meet the current requirements for lot area or width or both, may be developed for any use permitted in the zoning district in which it is classified if all other applicable requirements of this title are satisfied.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Applicability. Substandard development means a lawfully improved lot or parcel, including any structure thereupon, which does not satisfy the current provisions of this title regarding parking, landscaping, signs, or other site development standards including building height, building design, setbacks or other dimensional standards.

(1)

Alteration, extension or expansion. A structural alteration, including an extension or expansion of a nonconforming structure is allowed if it:

a.

Does not increase the applicable nonconformity; and

b.

Does not involve or create a nonconforming use or substandard development.

(b)

Maintenance, repairs and alterations. Routine maintenance of nonconforming structures is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconformity.

(c)

Right to continue a substandard development. A substandard development may continue to be occupied and used for any purpose permitted by this title unless it becomes a public nuisance or is damaged or destroyed as provided in this title.

(d)

Intensification of a substandard development.

(1)

Intensification of a substandard development is a change of use that increases the parking required for that development.

(2)

The use of a lot, parcel, or building which is classified as a substandard development shall not be changed or enlarged to a more intensive type of use unless the changes and/or additions meet the current requirements of this title and all parking for the entire development can be provided.

(3)

If unable to meet the requirements of this section, the planning commission may, by conditional use permit, allow such changes or enlargements to a substandard development without full compliance with the current provisions of this title when the proposed changes are not detrimental to the public health, safety, and welfare.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Applicability. This section applies to the destruction or damage of any nonconforming use, nonconforming structure or substandard development.

(b)

Up to 50 percent. Any destruction or damage less than 50 percent of the replacement value of the use, structure or development may be repaired or replaced at any time.

(c)

Greater than 50 percent.

(1)

Any destruction or damage to an extent greater than 50 percent of the replacement value of the use, structure or development may be repaired or replaced within two years after it is destroyed or damaged.

(2)

If use, structure or development is not repaired or replaced within this time period, it may not be repaired or replaced unless it is made to conform to the current requirements of this title.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)