This chapter is provided to establish procedures for determining the existence of a legal nonconforming use, a legal noncomplying structure, or other legal nonconformity, including noncomplying lots and signs, as required by the act. (Ord. 2007-35, 2008)

   (1)   A nonconforming use may be continued by the present or future property owner.

   (2)   As allowed by the act, a legal nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purposes of the extension. For the purposes of this subsection, the addition of a solar energy device to a building shall not be considered a structural alteration. (Ord. 2007-35, 2008)

   (3)   As allowed by the act, the owner of a parcel of property on which a nonconforming use exists may apply for a conditional use permit for a legal conforming use on the same parcel of property as the nonconforming use. Examples of legal conforming uses that may be allowed would be for a separate structure used for a legal conforming use and/or expanded parking to eliminate the need for vehicles related to the nonconforming use to park on a public street. (Ord. 2016-06, 2016)

   (4)   The city may require the termination of a legal nonconforming use by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his investment in the nonconforming use.

   (5)   The city may not terminate a nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the use has been abandoned.

   (6)   A nonconforming use of a structure shall terminate if:

      (a)   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the zoning administrator or building official, that the structure is uninhabitable and that the nonconforming use will be lost if the structure is not repaired or restored within six (6) months.

      (b)   The property owner has voluntarily demolished a majority of the building that houses the nonconforming use.

      (c)   A nonconforming use may only be changed to a use allowed by the tables of uses, chapter 33 of this title, for the zoning district in which the property is located by following the approval procedures for such new use, as required by this title and all other land use ordinances. (Ord. 2007-35, 2008)

   (1)   A noncomplying structure may be continued by the present or future property owner.

   (2)   The city may not prohibit the reconstruction or restoration of a noncomplying structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure has been abandoned.

   (3)   Necessary maintenance and repairs may be made to a legal noncomplying structure by following the procedures for any approval, permit, or license, including the issuance of a building permit, for such maintenance and repairs, as required by all land use ordinances, and building code.

   (4)   A noncomplying structure shall terminate if:

      (a)   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the zoning administrator or building official, that the structure is uninhabitable and that the noncomplying structure will be lost if the structure is not repaired or restored within six (6) months.

      (b)   The property owner has voluntarily demolished a majority of the noncomplying structure. (Ord. 2007-35, 2008)

   (1)   Any party claiming a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

   (2)   Abandonment may be presumed to have occurred if:

      (a)   A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the city regarding an extension of the nonconforming use;

      (b)   The use has been discontinued for a minimum period of one year; or

      (c)   The primary building associated with the nonconforming use remains vacant for a minimum period of one year.

   (3)   The property owner may rebut the presumption of abandonment made under this section and shall have the burden of establishing that any claimed abandonment under this section has not in fact occurred.

   (4)   The city may terminate the nonconforming use status of a school district or charter school when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a minimum period of one year. (Ord. 2007-35, 2008)

This section shall only apply to legal undeveloped lots or parcels.

   (1)   A legal lot of record, or any parcel of record, legally existing on the date of adoption hereof shall:

      (a)   Be eligible for a building permit authorizing the construction of one single-family dwelling, even though such lot or parcel may not conform to the requirements of the zoning district in which it is located, provided:

         (i)   That such lot or parcel of land is located in a zoning district that allows single-family dwellings, and

         (ii)   The proposed construction can qualify for the issuance of a building permit for a single-family dwelling, as required by the building code, as adopted. (Ord. 2007-35, 2008)

This section shall apply only to signs that were legal on the date of adoption hereof but which may now be a noncomplying sign.

   (1)   A noncomplying sign shall not be enlarged.

   (2)   A noncomplying sign shall not be moved or replaced, except to bring the sign into compliance with this title and all other land use ordinances.

   (3)   The text message of a noncomplying sign may be changed if such changes do not create any new nonconformities or other noncompliance.

   (4)   A noncomplying sign shall be considered abandoned if it advertises a business, service, commodity, or other activity that has been discontinued for a minimum period of one year. (Ord. 2007-35, 2008)

Any person aggrieved by a decision of the zoning administrator regarding any matter related to a nonconforming use, noncomplying structure, or other nonconformity may appeal the decision to the appeal authority designated in chapter 30 of this title. (Ord. 2007-35, 2008)