Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming buildings, land and uses are hereby established in order to achieve among others, the following purposes:

   (a)   To permit the continuance of nonconformity but with control so as to minimize any adverse effect on the adjoining properties and development;

   (b)   To regulate nonconforming building maintenance, repair and extension;

   (c)   To restrict the reconstruction of a nonconforming building if such building is substantially destroyed;

   (d)   To require the permanent discontinuance of nonconforming buildings, land and uses if the same are not operated for certain periods; and

   (e)   To require conformity if nonconforming buildings, land and uses are discontinued and to bring about eventual conformity in accordance with the objectives of the Zoning Code of the city.

(Ord. 01-O-42, passed 9-17-2001)

   "Nonconforming building" means a building or other structure existing lawfully at the time this Zoning Code (Ord. 75-O-53, passed June 2, 1975) or any subsequent amendment thereto became effective, but which does not conform as to dimensions (area and width of lot, width of yards, percent of land coverage or height of building), or as to design (designed or intended for a use not permitted or compatible with the type of structure), or other regulations of the district in which it is located. A nonconforming building may be continued as follows.

   (a)   Maintenance and repair. A building nonconforming as to dimensions and/or design may continue to be used and normal repairs may be made. For the purpose of this Zoning Code, normal repairs include the ordinary maintenance of a building or structure, the replacement of equipment which is required for safety of operation and the replacement or substitutions of machinery or equipment. Normal repairs do not include the replacement of structural parts in any building nonconforming as to design except when required by law to restore the structure to a safe condition or to make the building or use conforming.

   (b)   Additions. A building nonconforming as to dimensions may be added to or enlarged if the additions are made to conform to the area, yard dimensions, setback, percent of coverage, usable open space and height regulations of the district in which it is located.

   (c)   Moving. A building nonconforming as to dimension and/or design, may be moved in whole or in part to any other location on the lot or to another lot if every portion of such building so moved is made to conform to all current regulations of the district in which it is to be located.

   (d)   Restoration of damaged building.

      (1)   If a nonconforming building is damaged or destroyed by any means to the extent of less than its assessed value as shown in the current record of the County Auditor, those portions so destroyed or damaged may be restored but to not more than their former size, provided such restoration is completed within a period of one year from the date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage, such use may be reestablished.

      (2)   If a building nonconforming as to dimension only is damaged or destroyed more than its assessed value, it may only be restored or rebuilt in conformance with all the yard, percent of coverage and height regulations of the district in which it is located.

      (3)   If a building nonconforming as to design is damaged or destroyed more than its assessed value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to all regulations of the district in which the building is located and it shall be occupied only by a conforming use.

      (4)   Determination of the value of the reproduction of that which was destroyed shall be made by three practicing building construction contractors; one to be appointed by the owner, one to be appointed by the Zoning Inspector and the third to be selected by the mutual consent of the two parties.

   (e)   Discontinuance of use. If any nonconforming building or portion thereof is not occupied by a use for a continuous period of at least one year, the nonconforming building or nonconforming portion thereof shall be reconstructed to comply with this Zoning Code and any further use must be in conformity with the uses permitted in the district in which it is located.

(Ord. 01-O-42, passed 9-17-2001)

   "Nonconforming use of a building" means the use of a building existing lawfully at the time this Zoning Code (Ord. 75-O-53, passed June 2, 1975) or any amendment thereto became effective, but which does not conform to the use, advertising sign, parking or loading regulations of the district in which it is located. Any nonconforming use of a building may be continued only under the following conditions:

   (a)   Change of use. The nonconforming use of a building may only be changed to a conforming use. Once a nonconforming use has been changed to a conforming use or a more restricted use, such use shall not be changed back to a less restricted use or nonconforming use.

   (b)   Expansion of use. The nonconforming use of part of a building may not be expanded or extended.

   (c)   Abandonment of use. If any nonconforming use within a building or portion thereof is discontinued for a continuous period of at least one year, any future use of such building or portion thereof so discontinued, shall comply with this Zoning Code.

   (d)   Nonconforming signs. A nonconforming sign shall be regulated as set forth in Chapter 1286.

   (e)   Nonconforming parking facilities. A building or use existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations set forth in Chapter 1288. Furthermore, if the existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be made at least equal to the number of spaces required for the entire building or use in accordance with all provisions of Chapter 1288.

   (f)   Non-conforming use; performance standards. Any use established before the effective date of this Zoning Code (Ord. 75-O-53, passed June 2, 1975) and nonconforming as to one or more of the performance standards established for industrial operations, shall be required to conform thereto within one year.

(Ord. 01-O-42, passed 9-17-2001)

   "Nonconforming use of land" means any parcel of land nonconforming as to use, existing lawfully at the time this Zoning Code (Ord. 75-O-53, passed June 2, 1975) or any amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located. Any nonconforming use of land may be continued under the following conditions:

   (a)   Change of use. The nonconforming use of land shall not be changed except to any other use which complies with this Zoning Code;

   (b)   Expansion of use. The use of a lot or part thereof, nonconforming as to use shall not be expanded or extended; and

   (c)   Discontinuance of use. If any lot or part thereof, nonconforming as to use is discontinued for a continuous period of at least one year, any future use of such lot or part thereof, shall comply with the use regulations of this Zoning Code.

(Ord. 01-O-42, passed 9-17-2001)

   Any parcel of land nonconforming as to lot area and/or lot width requirements of the zoning district in which it is located, existing lawfully at the time this Zoning Code (Ord. 75-O-53, passed June 2, 1975) or an amendment thereto became effective, may be developed according to the following:

   (a)   If occupied by a building or use, such building or use may be maintained, repaired or altered;

   (b)   If occupied by a building or use, such building or use may be expanded, provided such addition complies with all other zoning regulations except lot area and lot width; and

   (c)   If vacant, the lot may be used for any use permitted in the zoning district provided such use shall comply with building size and zoning use requirements except for lot area and lot width.

(Ord. 01-O-42, passed 9-17-2001)

   The foregoing provisions of this chapter shall also apply to buildings, structures, land or other uses which hereafter become nonconforming as a result of reclassification of districts, regulations or of other amendments made to this Zoning Code.

(Ord. 01-O-42, passed 9-17-2001)