This chapter regulates the continued existence of nonconforming uses and noncomplying structures, as defined in chapter 2 of this title. While nonconforming uses, noncomplying structures and improvements may continue, this chapter is intended to limit enlargement, alteration, restoration or replacement, which would increase the discrepancy between existing conditions and the development standards prescribed by this title. In addition, applications are reviewed to ensure that they are reducing the degree of nonconformity and improving the physical appearance of the structure and site through such measures as landscaping, building design or the improved function of the use in relation to other uses. (Ord. 19-07, 9-3-2019)

   A.   Burden On Owner To Establish Legality: The owner bears the burden of establishing that any nonconforming use or nonconforming structure lawfully exists.

   B.   Determination Of Status: The designated Land Use Authority shall determine the nonconforming or noncomplying status of properties. Any decision of the Planning and Zoning Administrator may be appealed within ten (10) calendar days of the decision to the City Council. Upon appeal, the City Council shall conduct a hearing and shall review the matter under de novo standard of review. (Ord. 19-07, 9-3-2019)

   A.   Nonconforming Use: A lawful nonconforming use may continue subject to the standards and limitations of this chapter.

   B.   Noncomplying Structure: A noncomplying structure that was lawfully constructed with a permit prior to a contrary change in this title, may be used and maintained, subject to the standards and limitations of this chapter. (Ord. 19-07, 9-3-2019)

   A.   Abandonment Of Nonconforming Use: A nonconforming use that is discontinued for a continuous period of six (6) months is presumed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use of the building, structure or land must conform to the regulations for the zoning district in which it is located.

   B.   Rebuttable Presumption Of Abandonment: The presumption of abandonment may be rebutted upon showing that during such period:

      1.   Any period of discontinued use was caused by governmental actions or an act of God without any contributing fault by the owner and the owner did not intend to discontinue the use; or

      2.   The owner can demonstrate no abandonment of the use. (Ord. 19-07, 9-3-2019)

No nonconforming use may be moved, enlarged, altered or occupy additional land, except as provided in this chapter.

   A.   Enlargement: A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or site that it did not occupy on the date on which the use became nonconforming. A nonconforming use may be extended through the same building or structure, provided no structural alteration of the building or structure is proposed or made for the purpose of the extension and the parking demand is not increased.

   B.   Exterior Or Interior Remodeling Or Improvements To Building Or Structure: Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the area of the nonconforming use.

   C.   Relocation Of Building Or Structure: A building or structure containing a nonconforming use may not be moved unless the use shall thereafter conform to the regulations of the zoning district into which the building or structure is moved.

   D.   Change Of Nonconforming Use To Another Nonconforming Use: No nonconforming use may be changed to another nonconforming use. (Ord. 19-07, 9-3-2019)

No noncomplying structure may be moved, enlarged or altered, except in the manner provided in this chapter or unless required by law.

   A.   Repair, Maintenance, Alteration And Enlargement: Any noncomplying structure may be repaired, maintained or altered; provided, that such repair, maintenance or alteration shall neither create any new noncompliance nor shall increase the degree of the existing noncompliance of all or any part of such structure.

   B.   Moving: A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zone in which it will be located. (Ord. 19-07, 9-3-2019)

The owner may complete normal maintenance and incidental repair on a complying structure that contains a nonconforming use or on a noncomplying structure. This chapter shall not be construed to authorize any violations of law, nor to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the building official who declares such structure to be unsafe and orders its restoration to a safe condition. (Ord. 19-07, 9-3-2019)

Appeal from the Planning and Zoning Administrator decision made pursuant to this chapter shall be made to the City Council. Any person filing an appeal with the City Council for review of any decision made under the terms of this chapter shall file such appeal within thirty (30) days after the date of the Planning and Zoning Administrator's final decision. (Ord. 19-07, 9-3-2019)