It is the policy of the City that nonconforming uses, lots and structures are disfavored and that their eventual elimination is desired. It is the intention of this article to permit the continuance of nonconforming uses, lots and structures only as provided in this article and to restrict any change or development that would tend to make them more permanent.

(Ord. 2046, passed 4-11-1968; Ord. 3633, passed 2-14-2005)

   (a)   An existing building or premises devoted to a use not permitted by this chapter shall not be enlarged, extended, reconstructed, substituted or structurally altered, except as required by law, or as permitted in § 50-147.

   (b)   Except as otherwise provided in this article, any nonconforming use, lot or structure lawfully existing on the effective date of this chapter or subsequent amendment thereto may be continued, regardless of any change in tenancy, ownership or management, so long as it remains lawful.

(Ord. 2046, passed 4-11-1968; Ord. 3633, passed 2-14-2005)

   (a)   When any nonconforming structure is destroyed or damaged by any means to the extent of 51% or more of the cost of replacement, as determined by the Code Enforcement Officer, the structure shall not be rebuilt, restored or re-occupied for any purpose unless it shall thereafter conform to the regulations of the district in which it is located. If the damage equals 50% or less of the replacement cost, repairs or rebuilding shall be permitted.

   (b)   When a nonconforming use is discontinued or ceases to exist for one year, the nonconforming use shall not thereafter be resumed.

   (c)   When a nonconforming use or structure is replaced by a regularly permitted use or structure, it shall thereafter conform to the regulations of the district in which it is located, and the nonconforming use may not be resumed.

   (d)   An extension of a nonconforming use for the sole purpose of providing required off-street parking and loading spaces shall be permitted, so long as the extension does not involve any structural alteration or enlargement of a nonconforming structure.

   (e)   When a public official, charged with protecting the public safety, declares a structure unsafe and orders its restoration to a safe condition, the restoration shall be permitted, except as otherwise provided in subsection (a).

   (f)   No nonconforming structure shall be moved, in whole or in part, to any other location on the same or a different lot unless the entire structure thereafter conforms to the regulations of the district in which it is located after being moved.

   (g)   No use or structure which is accessory to a principal nonconforming use or structure shall continue after the principal use or structure has ended, unless it conforms with all the regulations of this chapter.

(Ord. 2046, passed 4-11-1968; Ord. 3633, passed 2-14-2005)

   (a)   Notwithstanding any other provisions of this chapter, in any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this section even though the lot does not conform to the area or width requirements of the district in which it is located. Any structure erected on such a lot shall conform to the yard dimensions and other requirements of the district in which it is located.

   (b)   Any lot of record at the effective date of adoption or amendment of this section, which is located in a district where residential uses are not permitted, may be used for any principal permitted use in that district, even though the lot does not conform to the area or width requirements of the district in which it is located. Any structure erected on such a lot shall conform to the yard dimensions and other requirements of the district in which it is located.

(Ord. 2046, passed 4-11-1968; Ord. 3633, passed 2-14-2005)

   A structure that is otherwise lawful and appropriate in the district in which it is located but which is nonconforming solely by reason of its failure to comply with restrictions on lot area, lot coverage, height, yards or other similar restrictions, may be continued so long as it remains otherwise lawful, subject to the following provisions.

   (a)   Expansion. Such structure may be enlarged or altered only in a manner that does not increase its nonconformity. Expansion is a change in the structure that extends a structure further into a required yard, further above the maximum height requirements or larger than the maximum cubical contents allowed by this chapter, or an increase in the mass of the structure in a required yard or above the maximum height allowed in this chapter.

   Figure 50-147

   (b)   Repair or reconstruction. Should such structure be destroyed or damaged by any means to the extent of 51% or more of its replacement cost, exclusive of the foundation, it may be reconstructed only if it thereafter conforms with all the regulations of the district in which it is located and with applicable building codes.

   (c)   Relocation. Should such structure be moved any distance for any reason, it shall thereafter conform to the regulations of the district in which it is located after being moved.

(Ord. 2046, passed 4-11-1968; Ord. 3633, passed 2-14-2005; Ord. 3704, passed 4-14-2008)

   A change of land use from one type of occupancy to another or from a nonconforming use to a conforming use is subject to the provisions of site plan review.

(Ord. 2046, passed 4-11-1968; Ord. 3633, passed 2-14-2005)