Some zoning districts include lots, buildings, and uses that lawfully existed before adoption of zoning regulations that now prohibit them. It is the intent of this chapter to allow those lots, buildings, and uses to continue, but not to encourage their survival. (Ord. 3097, 4-7-2008)

For purposes of this chapter, the following definitions apply:

   NONCONFORMING BUILDING: An existing building that was lawful prior to adoption or amendment of this title, but does not meet the provisions of the current title due to dimensional restrictions on lot coverage, setbacks, height, location on the lot, or other zoning requirements.

   NONCONFORMING USE: An existing use that was lawful prior to the adoption or amendment of this title, but is not now a permitted use in the district in which the use is located. (Ord. 3097, 4-7-2008)

A nonconforming building may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   A nonconforming building may not be enlarged or altered in any way that increases its nonconformity. A nonconforming building may be altered to decrease its nonconformity.

   B.   A nonconforming building or nonconforming portion of a building that is damaged or destroyed may not be reconstructed unless a variance is granted by the board of adjustment.

   C.   If, for any reason, a nonconforming building is moved any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located. (Ord. 3097, 4-7-2008)

A nonconforming use may be continued at its location, provided that:

   A.   It is not enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.

   B.   It is not abandoned pursuant to section 11-6-8 of this chapter. (Ord. 3097, 4-7-2008)

Any building that is used for a nonconforming use may be repaired or remodeled provided that such work does not increase the cubic content of the building or expand the nonconforming use. Nothing in this title prevents the restoration of any building to a safe condition if an official charged with protecting the public safety declares it to be unsafe and orders corrective action. (Ord. 3097, 4-7-2008)

   A.   To accommodate and encourage compliance with the Americans with disabilities act (ADA) accessibility guidelines, the enlargement of buildings to accommodate ramps, elevators, and bathrooms that meet the minimum ADA accessibility guidelines and improve accessibility for persons with disabilities are not considered as increasing or enlarging the nonconforming use or building.

   B.   Prior to remodeling historic buildings or properties located within historic districts to accommodate ADA requirements, the proposed design alternatives must be reviewed to provide consistency with the secretary of interior's standards for rehabilitation. (Ord. 3097, 4-7-2008)

To avoid undue hardship, nothing in this chapter requires a change in the plans, construction, or designated use of any building on which actual construction, preparatory excavation, or demolition was lawfully begun prior to the adoption or amendment of this chapter. (Ord. 3097, 4-7-2008)

   A.   If a nonconforming use of a building or land is not operated for at least thirty (30) continuous business days each calendar year, the nonconforming use is presumed to be intentionally abandoned. Evidence that the lack of use is temporary and that there is no intent to abandon the use may rebut the presumption. Once a nonconforming use is abandoned, the subsequent use of a building or land must conform to the regulations specified by this title for the district in which the land or building is located.

   B.   If a nonconforming use is changed to an allowed use, whether by right or conditional use permit, the nonconforming use is considered intentionally abandoned. The property may not thereafter be used for the abandoned nonconforming use. (Ord. 3097, 4-7-2008)