For purposes of this zoning code, a nonconforming property is a land use, lot of record, structure, or other site element or improvement related to the use or development of land that was legally established prior to the date of adoption of this Code or subsequent amendment hereto, that does not conform to the requirements of this code on the date of adoption or amendment. The following definitions shall apply to situations which are legally nonconforming as a result of the date of adoption of this Code or any amendments hereto:

(1)

A nonconforming lot is a tract of land which does not fully conform to the standards and regulations set forth in this zoning code.

(2)

A nonconforming use is a use of land, building, or other structure, or combination thereof, which does not fully conform to the standards and regulations set forth in this zoning code.

(3)

A nonconforming structure is any building or structure which does not fully conform to the standards and regulations set forth in this zoning code.

(4)

A nonconforming site element is an element or improvement other than a use, lot, or structure, such as site lighting, parking, screening, or landscaping, which does not fully conform to the standards and regulations set forth in this zoning code.

(Ord. No. 2019-17, § 2, 8-27-2019)

Except as otherwise set forth in the this zoning code or other regulations of the city, the lawful use of a lot, building, structure, or other site element on date of adoption may be continued, subject to the provisions herein, although such use does not conform with the provisions of the zoning code for the zoning district in which the property is located. Such uses shall be considered valid nonconforming uses.

(Ord. No. 2019-17, § 2, 8-27-2019)

In general, no action shall be taken that increases the degree of the nonconformity of a nonconforming lot, use, structure, or site element.

(Ord. No. 2019-17, § 2, 8-27-2019)

No enlargement of a nonconforming use, structure, or site element, and no replatting or reconfiguration of a lot except in conformance with this zoning code is permitted except if allowed by law, which preempts this zoning code. For purposes of this article, the enlargement of a nonconforming use or structure shall be deemed to have occurred when:

(1)

The area of the building in which the nonconforming use is occurring is enlarged or increased, or the building is expanded or structurally altered to accommodate the nonconforming use;

(2)

The nonconforming use expands within the building or facility beyond the square footage occupied by the use at the time it became nonconforming;

(3)

If applicable, seating capacity of a building or on property where the use is occurring is increased;

(4)

The nonconforming use expands into another building or facility;

(5)

The number of residential units is increased;

(6)

The number of nonconforming uses or units is increased;

(7)

The parking or loading areas located on the property where the use is occurring is increased;

(8)

The storage area or products stored on the premise is increased beyond the storage capacity existing at the time the use became nonconforming;

(9)

New structures which are used in furtherance of the nonconforming use are constructed or located on the property; or

(10)

The nonconforming use expands beyond the area on the tract of land in which the use has historically been conducted or the nonconforming use within a building is expanded to occupy land outside the building.

(Ord. No. 2019-17, § 2, 8-27-2019)

A nonconforming lot shall be changed only to conform to the requirements of the district wherein it is located and shall not be reconfigured through platting, replatting, or otherwise so as to become more nonconforming.

(1)

A structure situated on a nonconforming lot shall be considered a nonconforming structure, subject to the provisions of this article.

(2)

A nonconforming lot that was made nonconforming with the adoption of this zoning code may be used for the construction of a building allowed in the applicable zoning district, provided that all other zoning district and dimensional standards are met, unless otherwise provided for in this article.

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

A nonconforming use may be changed to another nonconforming use of the same or a more restrictive zoning category provided that no structural alterations to the building are required to accommodate such change, except those alterations necessary to meet accessibility provisions required by state and federal law.

(b)

A nonconforming use, once changed to a conforming use, or to a more restrictive nonconforming use as defined in section 60-114 above, must remain as a conforming use and may not thereafter revert to the previous or any other nonconforming use.

(c)

A conforming use may be changed to another conforming use, but may not revert to a nonconforming use.

(Ord. No. 2019-17, § 2, 8-27-2019)

The repair or maintenance of a nonconforming building or facility necessary to keep the building or facility in sound condition, provided such repair and maintenance does not result in an increase in the building, parking, storage, facility area, or capacity existing at the time the use of the building or facility became nonconforming, shall not constitute an enlargement of the nonconforming use.

(Ord. No. 2019-17, § 2, 8-27-2019)

The following redesign or renovation of buildings and/or equipment shall not constitute an enlargement of a nonconforming use:

(1)

Improvements to a building that result in a redesign or renovation of an older facility design, but only if:

a.

An approved building permit is issued for the work to be performed;

b.

The work is commenced not later than six months after cessation of the nonconforming use if such cessation is necessary to perform the renovation project;

c.

The work is completed and the nonconforming use is recommenced within two years after the cessation of the nonconforming use;

d.

The square footage of the structure which is utilized for the nonconforming use is not increased and the building is not expanded or structurally altered to accommodate the nonconforming use;

e.

The nonconforming use does not expand within the building or facility beyond the square footage occupied by the use at the time it became nonconforming; and the building is not expanded or structurally altered to accommodate the nonconforming use; and

f.

The project does not involve the demolition of any part of the exterior portion of the structure.

(2)

Replacement of equipment with newer and/or more efficient equipment related to the preparation or dispensing of products, goods, or services, provided:

a.

An approved building permit is issued for the work to be performed;

b.

The equipment is located on the same property as the equipment being replaced;

c.

The equipment does not require an enlargement of the structure in which the equipment is located; and

d.

The equipment does not require an increase in the square footage within the building or on the property which must be used to continue the nonconforming use.

(Ord. No. 2019-17, § 2, 8-27-2019)

A nonconforming site element, such as site lighting, landscaping, screening, parking, or other nonconforming site element or improvement or portion thereof, may be repaired, maintained, or demolished, and once demolished, may not thereafter be reconstructed. Further:

(1)

A nonconforming parking lot or storage area may be maintained or repaired, provided there is no increase in the total area used for either purpose.

(2)

The director may administratively approve an amendment to an approved landscape plan for a nonconforming property to allow a change in landscape materials.

(Ord. No. 2019-17, § 2, 8-27-2019)

Except as permitted by section 60-115 of this article, no building, structure, or land shall be used for a nonconforming use after the nonconforming use has ceased for a period of six consecutive months, or, in the event cessation of the nonconforming use has occurred as the result of a renovation or reconstruction of a building permitted by this article, if the nonconforming use has not recommenced within two years after cessation. Except when cessation results from a renovation or reconstruction of a building, it shall be a rebuttal presumption that cessation of a nonconforming use has occurred if for a period of six consecutive months:

(1)

Actual use of the property or building for the nonconforming use has not occurred, regardless of whether or not other permitted or nonconforming uses are continuing during the same period;

(2)

There has been no consumption of water and sewer services indicated by the water meter for the property; or

(3)

There has been no consumption of electrical service on the property.

(4)

The property has not been actively marketed for sale or lease.

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

A nonconforming use may recommence, and a nonconforming building or structure or site element may be rebuilt, restored, replaced, or repaired after said building is damaged or destroyed by fire, flood, explosion, windstorm, earthquake, war, riot, or other calamity, but only if:

(1)

The area of the structure when rebuilt shall not exceed its area prior to the date of the damage or destruction; and

(2)

The reconstructed building(s) do not create a greater nonconformity than existed prior to the damage or destruction;

(3)

An approved building permit is issued for the work to be performed;

(4)

Such reconstruction is initiated within six months of the date the damage or destruction of the building occurred or by such later date as may be established by the board after a finding that the owner has made a good faith effort to commence reconstruction of the building(s) within the six months but has been delayed by factors not under the owner's control, including, but not limited to, the settlement of insurance claims or obtaining necessary financing; and

(5)

The area of the reconstructed building(s) used for the nonconforming use does not exceed the area or capacity used prior to the date of said damage or destruction.

(Ord. No. 2019-17, § 2, 8-27-2019)

Notwithstanding the provisions of this article, a nonconforming use, structure, or site element that is damaged or destroyed by the intentional acts or omissions of the owner or owner's agent may not be rebuilt, restored, replaced, or repaired except in conformance with the applicable requirements of this zoning code, including those of the zoning district in which it is located.

(Ord. No. 2019-17, § 2, 8-27-2019)

Property used for a nonconforming use may also be used for any other use permitted in the zoning district where the property is located. The area of a building in which a nonconforming use is occupying may be increased to include space to be used for permitted uses; however:

(1)

The area of the building which is used for the nonconforming use may not exceed the area used for the nonconforming use prior to the date of addition to the original building;

(2)

Any increase in the building size may not cause the structure to become nonconforming, or if the structure is already nonconforming, may not increase the non-conformity; and

(3)

No new parking shall be constructed beyond the minimum number necessary to meet the requirement for the conforming uses within a building.

(Ord. No. 2019-17, § 2, 8-27-2019)

The use of property pursuant to a conditional use permit issued prior to date of adoption shall be governed as follows:

(1)

Conditional use becoming a permitted use. If the use for which the conditional use permit was granted becomes a permitted use in the zoning district in which the property is located, then:

a.

The CUP shall be deemed to have terminated if all regulations set forth in the CUP are the same as those set forth in this zoning code for the same use in the same zoning district; or

b.

The use shall be deemed to be a nonconforming use to the extent that the use and development regulations set forth in the CUP are less restrictive than the use and development regulations for the same permitted use in the same zoning district;

(2)

Conditional use remaining a conditional use. If the use for which the CUP was granted requires a CUP in the zoning district in which the property is located, the previously issued CUP shall remain in full force and effect; provided, however, such permit shall be subject to termination as set forth in article X.

(3)

Conditional use no longer a permitted or conditional use. If a use for which a CUP was previously granted becomes neither a permitted use nor a use for which a CUP may be granted after date of adoption, such use shall be deemed to be a nonconforming use, and the CUP shall be subject to termination:

a.

In accordance with this article; and

b.

In accordance with article XIII.

(Ord. No. 2019-17, § 2, 8-27-2019)