Certain lawful existing uses of lots or structures, including but not limited to the size, location or other dimensional aspects of such lots or structures, may not be in conformance with the provisions and requirements of this chapter or subsequent amendments to this chapter. This section recognizes these situations, permits the restricted use and maintenance of such nonconformities, and offers provisions for their possible replacement, expansion and alteration.

(Ord. No. 2001-42, § 1, 11-20-01)

All structures and uses of land, other than those in conformity with this chapter, and except structures and uses governed by section 26-21, shall be regulated as set forth in this section. For the purpose of administration, nonconformity shall be classified and regulated as nonconforming structures, nonconforming uses, and nonconforming lots.

(Ord. No. 2001-42, § 1, 11-20-01)

For purposes of this section, a nonconforming structure is a structure that was existing and lawful as of the date of adoption of this chapter, or in the case of amendment to this chapter, then at the time of such amendment, but which does not now conform to the provisions of this chapter or amendment thereto with respect to matters including, but not limited to, height, setback, lot coverage, architectural design or any other measurable standard of this chapter.

(a)

Maintenance and repair. A nonconforming structure may be maintained and repaired to its existing state.

(b)

Restoration. A structure that has been damaged or destroyed by fire or other cause beyond the control of the owner or occupant may be restored provided that the restoration is commenced within six (6) months of the damaging or destructive event and is completed within one (1) year of such event. No such restoration shall increase the degree or extent of nonconformity, in any respect, beyond that which existed prior to the damaging or destructive event.

(c)

Expansion or alteration. Unless as otherwise expressly stated in this chapter, a nonconforming building may be expanded or altered provided that the expansion or alteration does not increase the degree or extent of nonconformity, in any respect, beyond that which existed prior to the expansion or alteration and, further, provided that the expanded or altered areas of the structure are in full compliance with all provisions of this chapter. Once expanded or altered to a conforming condition, in whole or part, no structure, or part thereof, shall revert to a nonconforming condition.

(Ord. No. 2001-42, § 1, 11-20-01)

For purposes of this section, a nonconforming use is a use of a structure or land that was existing and lawful as of the date of adoption of this chapter, or in the case of amendment to this chapter, then at the time of such amendment, but which does not now conform to the provisions of this chapter or amendment thereto.

(a)

Continuance. A nonconforming use may be continued, although such use does not conform with the provisions of this chapter or amendment thereto, unless otherwise specifically stated in this chapter.

(b)

Change of use. A nonconforming use may only be changed to a use that is less intensive in activity and impact than the existing use. The planning director shall use Table 26-A, sections 26-15-4, 26-19, 26-20 and 26-23 to determine whether a proposed use is less intensive in activity and impact than the existing use.

(c)

Expansion of use. A nonconforming use that occurs in a structure may be extended throughout the structure if the proposed expansion is approved as a special use pursuant to section 26-15.

(d)

Abandonment of use. Whenever a nonconforming use has been discontinued for a period of one (1) year, each use of the land or structure thereafter shall be in full conformance with the provisions of this chapter.

(Ord. No. 2001-42, § 1, 11-20-01; Ord. No. 2011-33, § 14, 9-20-11; Ord. No. 2019-06, § 3, 2-19-19)

For purposes of this section, a nonconforming lot is a lot or parcel of land that was existing and lawful as of the date of adoption of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, but which does not now conform with the provisions of this chapter or amendment thereto, including, but not limited to, those provisions concerning lot area or frontage.

(a)

Use of nonconforming lots. An unimproved nonconforming lot may be used in accordance with the applicable zone district regulations provided that the following conditions are met:

1.

The nonconforming lot is shown to have been legally created;

2.

The use proposed on the lot is in full compliance with all provisions of this chapter; and

3.

The nonconforming lot is not held in identical ownership with one or more adjacent, unimproved nonconforming lot(s) that have continuous frontage with the first nonconforming lot.

(b)

Merger of adjacent, unimproved, nonconforming lots. If two (2) or more adjacent, unimproved, nonconforming lots with continuous frontage are held in identical ownership at any time after the effective date of this chapter, the lands shall be considered to be an undivided lot or parcel and no portion of such lands shall be sold or used in a manner that diminishes compliance with the lot width and area requirements established by this chapter.

(Ord. No. 2001-42, § 1, 11-20-01)