A.

Nonconforming uses.

1.

Continuance of use.

a.

Any lawfully established use of a structure or land, on the effective date of these regulations or of amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

b.

Any structure for which a building permit has been lawfully granted prior to the effective date of these regulations, or of amendments hereto may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building.

2.

Discontinuance of use.

a.

Whenever any part of a structure or land occupied by a nonconforming use is changed to, or replaced by, a use conforming to the provisions of these regulations, such premises shall not thereafter be used or occupied by a nonconforming use even though the structure may have been originally designed and constructed for the prior nonconforming use.

b.

Whenever a nonconforming use of a structure or part thereof has been discontinued or abandoned for a period of one (1) year or more, such use shall not be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

c.

Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

3.

Change of use.

a.

The nonconforming use of any structure or portion thereof may be occupied by a similar or less intense nonconforming use as may be determined by the zoning official, subject to appeal to the Board of Zoning Adjustment. No building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

b.

A nonconforming use of land without substantial buildings or structures may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of these regulations. If such nonconforming use or portion thereof is discontinued for a period of three (3) months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

4.

Repairs and alterations.

a.

Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted.

b.

Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconformity.

c.

No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

d.

A structure that is nonconforming with respect to yards, height or any other element of bulk regulated by these regulations shall not be altered or expanded in any manner that would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

5.

Accessories to primary nonconforming uses. Addition of, or enlargement, alteration or relocation of accessories which are incidental to and accommodate the primary nonconforming use may be permitted if, after notices and public hearing and recommendation by the Planning Commission, the City Council finds that the accessory promotes the public health, safety, and welfare and does not expand or enlarge, the primary nonconforming use.

The procedures for application and review shall be the same as those for a conditional use, with the exception that all notifications must make reference to a request for "alteration, enlargement or relocation of use" instead of a request for a conditional use.

6.

Damage and destruction. If a structure containing a nonconforming use is damaged or destroyed by natural disaster, fire, or other, casualty, the structure may be repaired or reconstructed and used for the same purpose as it was before the occurrence, provided such repair or reconstruction is commenced and completed within one (1) year of the date of such damage or destruction. Failure to exercise this option within the time specified shall be considered a voluntary abandonment and the structure may be rebuilt and used thereafter only for a conforming use, and in compliance with provisions of the district in which it is located.

7.

Boundary changes. Whenever the boundaries of a zoning district are changed so as to transfer an area from one (1) district to another, the foregoing provisions shall also apply to any newly created nonconforming uses therein.

B.

Nonconforming Structures (Expansion of site elements or actual footprint). It is the intent of this section to regulate nonconforming structures that are created when zoning designations or regulations are created or changed such than an existing lawfully established structure, no longer conforms to the regulations of the Code. It is also the intent of this section to permit nonconformities to continue as they exist presently and to guide future development to be consistent with the City's planning policy and regulations. Other development and building permits required by City Code are applicable.

1.

Continuance. Nonconforming structures are permitted to exist for continued and creative reuse to contribute to the surrounding character, diversity, and services in the neighborhood until such structures are removed.

2.

Repairs. Repairs to nonconforming structures or portions thereof are permitted, so long as the nonconforming portion of the structure is not enlarged in volume, area, or footprint.

3.

Voluntary removal, damage, or destruction. Voluntary removal, damage or destruction of a nonconforming structure or portion thereof amounting to fifty percent (50%) or more of the existing square feet shall require either complete removal of the structure or its reconstruction in conformance with existing regulations.

4.

Involuntary removal, damage, or destruction. Involuntary damage to or destruction of a nonconforming structure (from fire, winds or other calamity) shall permit the owner to rebuild, reconstruct or restore the structure on the same footprint of the original structure. Such reconstruction is permitted if it begins within twelve (12) months of the loss and complies with all other applicable zoning, development and building codes.

5.

Special exceptions for nonconforming structures located in a zoning or overlay district which utilize build-to zones and requirements for a minimum buildable street frontage. Building additions/expansions that increase the existing building(s) footprint or volume of habitable space on a property by less than fifty percent (50%) may be located outside of the build-to zone, so long as they are compliant with all other applicable zoning and development ordinances. All new construction that increases the existing building(s) footprint or volume of useable space by fifty percent (50%) or more shall comply with the standards of the underlying zoning district.

6.

Structure moved. Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

7.

Alteration. A structure or portion thereof within any zoning district may be altered to decrease its nonconformity.

8.

Good condition. Owners of nonconforming structures are encouraged to keep such structures in good condition by regular maintenance and prompt repairs when necessary. If the City's Building Official notifies the owner of any unsafe or unlawful condition of the building, the owner must repair such unsafe or unlawful condition promptly. The Building Official may impose a reasonable time limit for the repairs to be complete. Failure of the owner to promptly and satisfactorily complete the necessary repairs may result in penalties as laid out in the City's Code of Ordinances.

9.

Variance. A nonconforming structure may be brought into conformity by way of an approved variance from the Board of Adjustment, a rezoning action, or by altering the structure to comply with the standards of the underlying zoning district. A structure constructed unlawfully shall not be considered a nonconforming structure for the purposes of this chapter and is a prohibited structure unless it is brought into compliance as provided herein.

10.

Cumulative expansion. If multiple building permits for additions or expansions are applied for (on a single structure) after the date of this chapter, any percentage of expansion shall be considered as cumulative in nature.

11.

District changes. Whenever the boundaries of a zoning district are changed so as to transfer an area from one (1) district to another, the foregoing provisions shall also apply to any newly created nonconforming structures therein.

(Ord. No. 2007-13, Sec. 3; Ord. No. 2020-03, 2-11-2020)