19-9.1.1.

Purpose and intent.

(A)

Within the provisions established by this chapter, there exist nonconforming situations that were lawfully established before this chapter was adopted or amended, that now do not conform to the terms and requirements of this chapter. Nonconforming situations include unlawful uses of land or buildings and lots, structures, and signs that do not conform to one or more regulations of the districts in which the lot, structure, or sign is located. The purpose of this article is to regulate and limit the continued existence of those uses, structures, lots, and signs that do not conform to the provisions of this chapter or any amendments thereto.

(B)

It is the intent of this chapter to permit these nonconforming situations to continue until they are removed, but not to encourage their survival except under the limited circumstances established in this article. The provisions of this article are designed to curtail substantial investment in nonconforming situations to preserve the integrity of this chapter. However, it is not the intent of this chapter to require compliance with a requirement of this chapter that is not reasonably achieved if compliance cannot be achieved without adding additional land not under the same ownership to the lot where the nonconforming situation is maintained or moving a substantial structure that is located on a permanent foundation.

19-9.1.2.

Authority to continue. Nonconforming situtations are allowed to continue in accordance with the requirements of this article.

19-9.1.3.

Determination of nonconformity status. In all cases, the burden of establishing that a nonconforming situation lawfully exists shall be on the owner of the land on which the purported nonconforming situation is located.

19-9.1.4.

Repairs, maintenance and reconstruction.

(A)

Repairs and maintenance that are required to keep nonconforming uses, structures, and signs in a safe condition are permitted, provided that the repair or maintenance does not extend, expand, or enlarge the nonconforming use, structure, or sign. For the purposes of this section, the term "repair or maintenance" shall include the total cost of labor and materials (within a five-year period) utilized in the repair or maintenance, the value of which does not exceed 50 percent of the appraised value of the structure or 50 percent of the replacement cost of the sign and:

(1)

Maintenance of safe condition. Repair that is necessary to maintain a nonconforming use, structure, or sign in a safe condition;

(2)

Correction of damage or deterioration. Repair that is necessary to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure;

(3)

Maintenance of land for safety. Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses; and

(4)

Sign repair and maintenance. Repair and maintenance of nonconforming signs, such as repainting and electrical repair, provided the cost does not exceed 50 percent of the replacement cost of the sign.

(B)

In the event any nonconforming structure is damaged, by any means, to the extent of 50 percent or more of its replacement value prior to such destruction, such structure shall not be repaired or restored except in conformance with the standards for the zoning district in which it is located. The determination of replacement valuation shall be made by the administrator or, at the applicant's option, by a certified independent appraiser.

(C)

In the event a structure is damaged, by any means, to an extent of less than 50 percent of its replacement value prior to such damage, no repairs or restoration shall be made unless a building permit is obtained within six months of the date of the damage and repair or restoration is begun within one year after the date of such damage and is diligently pursued to completion. The determination of replacement valuation shall be made by the administrator or, at the applicant's option, by a certified independent appraiser.

(D)

Garages, carports, and storage buildings accessory to single-family dwellings in which the garages, carports, or storage buildings are nonconforming due to the structure not meeting minimum setback requirements may be repaired, replaced, or increased in area not exceeding 20 percent of the original footprint of the structure regardless of the repair or replacement cost relative to appraised value provided there is no increase to any nonconformity and provided further that the structure is not increased in its number of stories.

19-9.1.5.

Change of tenancy or ownership.

(A)

General. Changes of tenancy, ownership, or management of a use containing a nonconforming situation wherein the use does not change are permitted, and, in such cases, the nonconforming situation shall continue to be subject to the requirements of this article.

(B)

Exception. The transfer of ownership or operation of a sexually oriented business located within 1,000 feet of another sexually oriented business is not permitted (see subsection 19-4.3.3(A)(12), sexually oriented business).

19-9.1.6.

Temporary nonconforming uses. A temporary use permit may be issued by the administrator pursuant to subsection 19-2.3.11, temporary use permits, for an appropriate period of time for the following uses, provided that the owner of the temporary nonconforming use agrees to remove the temporary nonconforming use upon expiration of the permit.

(A)

Nonconforming buildings, structures or uses incidental to building construction or land development may be allowed for the duration of the construction or development period.

(B)

Nonconforming parking lots, which comply with paving requirements in subsection 19-6.1.6(A), street tree and street buffer yard requirements in subsections 19-6.2.2(C) and 19-6.2.4, and stormwater management requirements in article 19-7. Temporary use permit for nonconforming parking lots shall be renewed on an annual basis with a maximum period of three years.

19-9.1.7.

Amortization of nonconforming uses. The following nonconforming uses shall be discontinued by June 30, 2015, at the owner's expense, with no cash or in-kind payment due from the city:

(A)

Bodily fluid collection establishments.

(B)

Day labor service agencies.

(C)

Check-cashing establishments.

(D)

Title loan lenders.

(E)

Deferred presentment leaders.

(F)

Pawnshops.

(Code 1997, § 19-9.1; Ord. No. 2007-52, § 19-9.1, 7-9-2007; Ord. No. 2012-23, § 4(19-9.1), 4-9-2012; Ord. No. 2013-59, exh. A(19-9.1), 9-9-2013; Ord. No. 2016-35, 6-27-2016)

19-9.2.1.

Change to permitted use. A nonconforming use may be changed to a principal use permitted in the district in which the property is located provided all other requirements of this chapter applicable to that change of use can be met. Permission to accomplish the change must be obtained in the same manner as permission to made the initial use of a vacant lot in the district. Once conformity with this chapter is achieved, the property may not be changed to a nonconforming use.

19-9.2.2.

Change to another nonconforming use. A nonconforming use shall not be changed to any other nonconforming use except as may be permitted pursuant to procedures and standards in subsection 19-2.3.5, special exception permit.

(Code 1997, § 19-9.2; Ord. No. 2007-52, § 19-9.2, 7-9-2007; Ord. No. 2012-23, § 4(19-9.2), 4-9-2012)

19-9.3.1.

Increase of nonconformity. Except as specifically provided in this section, the extent of nonconformity of a nonconforming situation may not be increased. In particular, physical alteration of structures, the placement of new structures on open land, the relocation of structures, or the extension of a use to cover more land than was occupied when the use became nonconforming, is unlawful if such activity results in:

(A)

An increase in the total amount of space devoted to a nonconforming use; or

(B)

Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations, density limitations, parking requirements, etc.

Notwithstanding subsection 19-9.3.1(B), the administrator may authorize the enlargement of a single-family dwelling determined to be nonconforming due to its not meeting minimum setback requirements provided there is no decrease in the prevailing setback.

19-9.3.2.

Increase of use. Except as may be permitted by special exception pursuant to subsection 19-2.3.5, special exception permit, a nonconforming use shall not be enlarged, expanded in area occupied, or intensified. A nonconforming use may be enlarged in any area of the same structure which is designed for such use prior to the date the use became a nonconforming use.

(Code 1997, § 19-9.3; Ord. No. 2007-52, § 19-9.3, 7-9-2007; Ord. No. 2012-23, § 4(19-9.3), 4-9-2012)

19-9.4.1.

A nonconforming use shall not be reestablished after:

(A)

Discontinuance for 180 days; or

(B)

Discontinuance for any period of time without a present intention to reinstate the nonconforming use.

Pursuant to subsection 19-9.1.4, repairs, maintenance and reconstruction, a nonconforming use may be reestablished if the reestablishment occurs within three months from the time the renovations or repairs are completed.

19-9.4.2.

If a nonconforming use is located within the same development as a conforming use, discontinuance of the nonconforming use pursuant to subsection 19-9.4.1(A)(2) shall terminate the right to continue the use thereafter.

19-9.4.3.

Except as specifically provided in this chapter, a structure or lot accommodating a use that does not conform to one or more regulations of article 19-6, development and design standards, shall not be reestablished or changed to another use after discontinuance for 180 days.

(Code 1997, § 19-9.4; Ord. No. 2007-52, § 19-9.4, 7-9-2007; Ord. No. 2012-23, § 4(19-9.4), 4-9-2012)

19-9.5.1.

General.

(A)

Subject to the conditions set forth in this section, nonconforming signs may continue in operation and maintenance, provided that nonconforming signs:

(1)

Shall not be changed to or replaced with another nonconforming sign.

(2)

Shall not be structurally altered to extend useful life;

(3)

Shall not be expanded;

(4)

Shall not be relocated, except in compliance with this article; or

(5)

Shall not be re-established after damage or destruction of more than 50 percent of the replacement value of the same type of sign at the time of such damage or destruction. Any damage to a nonconforming sign that is not repaired constitutes damage or destruction for purposes of this subsection, and that damage shall be cumulative;

(6)

Shall be removed when the business or other activity which the sign advertises is no longer in operation on the same parcel as the sign; and

(7)

Shall be removed if the site and/or building on the same parcel as the sign is demolished and/or redeveloped or reconstructed.

(B)

This section shall not prevent normal maintenance operations performed on a nonconforming sign or sign structure, provided structural elements are not removed and replaced. Nonconforming signs declared to be structurally unsafe by the administrator shall be removed and not repaired.

19-9.5.2.

Signs made nonconforming due to condemnation. When a sign is located on land condemned for road right-of-way acquisition, the following standards shall apply:

(A)

Any sign not located within, and which does not overhang, the land acquired for right-of-way may remain in place, subject to subsection 19-9.5.1, general.

(B)

Any sign located within the new right-of-way for a state or federal highway shall, at a minimum, comply with state standards for relocation.

(C)

Any sign located within the right-of-way acquired for a city street or for other purposes shall comply with the provisions of subsection 19-9.5.1, general.

19-9.5.3.

Amortization of nonconforming signs in SSOD-2. Nonconforming sign uses within the SSOD-2 overlay district shall be discontinued and removed or brought into compliance with current sign ordinance requirements within two years of the date of adoption of an overlay by City Council, unless an extension of time for compliance is granted as provided for in subsection 19-9.5.4. Compliance with this subsection shall be made at the owner's expense, with no cash or in-kind payment due from the city.

19-9.5.4.

Extension of time for nonconforming signs in SSOD-2.

(A)

Purpose. The purpose of this subsection is to provide a mechanism for reviewing applications for extensions of time for non-conforming signs in SSOD-2, and to provide standards for such extensions of time.

(B)

Authority. The administrator is authorized to review and decide on an application for extension of time pursuant to this subsection.

(C)

Applicability. No fewer than 90 days prior to the expiration of the two-year period provided in subsection 19-9.5.3, an application for an extension of time may be submitted on a form approved by the administrator. The application shall contain the name and address of the sign owner and the land owner, an identification of the property where the sign is located, the type of sign, the date the sign was erected, the original cost of the sign including its installation, a color photograph of the sign, and a detailed statement of reasons for the extension which addresses the standards set forth below along with any other pertinent information the applicant wishes to provide. A sign owner may not apply for more than one extension of time per sign.

(D)

Procedure.

(1)

Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in section 19-2.2, common procedures.

(2)

Review and action by administrator. The administrator shall review and take action on the application consistent with the procedures and requirements of subsection 19-2.2.20, administrator review procedures.

(E)

Standards. An extension of time shall be granted only upon a finding strict application of the nonconforming sign provisions would be unreasonable as to a particular sign; strict application of the nonconforming sign provisions would create a hardship upon the sign owner which was not brought about by the sign owner; and the hardship resulting from strict application of the nonconforming sign provisions outweighs any detriment to the public caused by granting an extension of time. In no event shall an extension of time exceed three years. The determination as to the granting or denying of an extension of time, and the length of any extension of time granted pursuant to this subsection, shall be based upon (1) the age, condition, and physical characteristics of the sign; (2) location; (3) depreciation treatment for income tax purposes; (4) investment in the sign; (5) monopoly or advantage resulting from fact that similar new signs are prohibited; (6) cost to remove sign and salvage value; and (7) extent of nonconformity. A sign that was erected in violation of the applicable sign regulations is not eligible for an extension under this subsection.

(F)

Appeal. An applicant may appeal the decision of the administrator with respect to the approval of an application for an extension of time pursuant to the provisions of subsection 19-2.3.16.

(Code 1997, § 19-9.5; Ord. No. 2007-52, § 19-9.5, 7-9-2007; Ord. No. 2010-48, exh. A, 9-13-2010; Ord. No. 2012-70, att., 8-27-2012; Ord. No. 2017-92, 11-13-2017)

19-9.6.1.

General. Parking lots that are proposed for expansion, paving, or repaving meeting the requirements of this section shall comply with the requirements of section 19-6.2, landscaping, buffering, and screening.

19-9.6.2.

Applicability.

(A)

Expansion, paving, or repaving of nonconforming parking lots shall comply with the following standards:

(1)

Any expansion, paving, or repaving of a nonconforming parking lot located on a corner lot shall require the applicant to comply with the requirements set forth in subsection 19-6.2.2(D), interior parking lot landscaping, and subsection 19-6.2.3, buffering and screening requirements.

(2)

Expansion, paving, or repaving of a nonconforming parking lot located on an interior lot that increases the number of parking spaces, impervious surface, or recovers existing impervious surface by 25 percent or more (or that results in an increase of 25 percent or more within a five-year period) shall comply with the requirements set forth in subsection 19-6.2.2(D), interior parking lot landscaping, and subsection 19-6.2.3, buffering and screening requirements.

(3)

Expansion, paving, or repaving of a nonconforming parking lot located on an interior lot that increases the number of parking spaces, impervious surface, or re-covers existing impervious surface by less than 25 percent shall require the applicant to comply with 50 percent of the planting rate established in subsection 19-6.2.2(D)(4), interior parking lot landscaping, and 50 percent of the perimeter buffer yard required by subsection 19-6.2.4, perimeter buffer yards.

(B)

The administrator shall balance the objectives of section 19-6.1, off-street parking and loading, and section 19-6.2, landscaping, buffering and screening, and may reduce the proposed number of parking spaces/paved area by a maximum of 25 percent to accommodate the otherwise-required landscaping and screening.

(C)

All parking surfaces shall be maintained free of all weeds, trash, dust, debris, and potholes. Surfaces may be re-sealed without complying with the requirements of this subsection provided the administrator approves a plan reflecting to the extent practicable compliance with the requirements of section 19-6.1, off-street parking and loading.

(Code 1997, § 19-9.6; Ord. No. 2012-23, § 4(19-9.6), 4-9-2012)