(a)

Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures uses of land, and sites which were lawful before this chapter was passed or amended but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit nonconforming lots, buildings, structures, uses, and sites to continue until they are removed, but not to encourage their continued use or survival.

(b)

No expansion of nonconformities. Nonconforming lots, buildings, structures, uses, and sites are hereby declared to be incompatible with the zoning districts in which they are located. It is the intent of this chapter that these nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the zoning district, except as may be provided for in this chapter.

(c)

Required upgrades to nonconforming sites. Similar to other types of nonconforming situations noted herein, there exist sites that were developed consistent with an approved site plan and other site regulated standards applicable at that time said use or site plan was approved, but that do not fully meet the requirements of this ordinance. Those site design features include parking space and aisle sizes, access, parking lot, landscaping/buffering, waste receptacle screening, lighting and similar standards. One purpose is this chapter is to define the extent to which a site plan must be upgraded to meet the current site plan related standards when changes or minor modifications to a conforming use and/or conforming building are proposed for a lot that does not fully meet the current standards. The intent is to require a level of upgrade that is reasonable to improve compliance given the nature of the existing nonconforming site features and extent of the changes proposed on the lot.

(d)

Construction prior to effective date of this chapter. Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this chapter, or an amendment thereto, and upon which actual building construction has been diligently conducted.

(e)

Exempt properties and uses. Existing residential buildings with six or fewer dwelling units and its accessory structures, that were lawfully constructed prior to the effective date of this ordinance, but do not conform to the zoning district or dimensional requirements of this chapter shall have conforming status, and thus, may be restored or reconstructed in the event of damage or destruction caused by an act of nature or as is necessary to effectuate the removal or repair of a dilapidated or unsafe structure, subject to the following conditions:

(1)

Must be rebuilt or restored in compliance with current building code requirements.

(2)

May be rebuilt or restored to its original building massing, placement, and density level, unless, if being reconstructed, it can reasonably be brought into compliance with existing setback requirements. This determination shall be made by the Zoning Administrator and shall be based upon the size and configuration of the lot, the location of other structures on the subject property and adjoining properties, whether requiring compliance with a required setback would impede parking or access to a garage or would result in reducing the size of a structure below what is permitted or required under the provisions of this chapter.

(Ord. No. 1331, § 1, 5-5-25)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record and if all or part of the lots do not meet the requirements for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Ord. No. 1331, § 1, 5-5-25)

(a)

Continuation of nonconforming buildings or structures. Where a lawful building or structure exists prior to the effective date of this chapter, or an amendment hereto, that does not comply with the requirements of this chapter because of restrictions such as parking, lot area, coverage, width, height, or yards, that building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except as may be permitted by the Board of Zoning Appeals upon a finding that the repair and reconstruction shall:

a.

Not have a substantial detrimental effect on the use and enjoyment of adjacent uses or lots.

b.

Comply with any reasonable conditions imposed by the Board of Zoning Appeals that are necessary to ensure that the repair and reconstruction shall not prove detrimental to adjacent properties, the neighborhood, or the community.

c.

The owner shall provide the necessary information to make a determination as to whether or not repairs to the structure will exceed 50 percent of the replacement cost, exclusive of the foundation.

(3)

Should a nonconforming building or structure be destroyed to an amount equal to or less than 50 percent of its estimated replacement cost, exclusive of the foundation, it may be reconstructed in its previously nonconforming location.

(4)

An owner shall commence repair and reconstruction work within 12 calendar months of the Board of Zoning Appeals approval of the application. Upon request, the Zoning Administrator may approve an administrative extension of up to an additional six calendar months where a property owner can demonstrate a good faith effort to start work or demonstrate third-party delays beyond their control. Extensions beyond the six months must be approved by the Board of Zoning Appeals.

(Ord. No. 1331, § 1, 5-5-25)

(a)

Enlargement or increase of nonconforming use. No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied prior to the effective date of this chapter, or an amendment thereto, except as may be permitted by the Board of Zoning Appeals in determining that the proposed enlargement, increase, or greater area shall:

(1)

Not have a substantial detrimental effect on the use and enjoyment of adjacent uses or lots;

(2)

Comply with all parking, sign, or other applicable regulations for accessory uses for the area affected by the proposed enlargement, increase, or greater area;

(3)

Comply with any reasonable conditions imposed by the Board of Zoning Appeals that are necessary to ensure that the proposed enlargement, increase, or greater area shall not prove detrimental to adjacent properties, the neighborhood, or the community.

(b)

Extension within a building. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this chapter and would have been permitted by right, but the use shall not be extended to occupy any land outside the building.

(c)

Reduction in nonconforming use. If any part of a nonconforming use is moved or reduced in size by action of the owner, the part of the nonconforming use that is moved or reduced in size shall be considered to be abandoned and any subsequent use shall conform to the requirements of this chapter.

(d)

Abandonment of a nonconforming use. If a nonconforming use is abandoned for any reason for a period of more than 12 calendar months, any subsequent use shall conform to the requirements of this chapter. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(e)

Extensions. Upon request, the Zoning Administrator may approve an administrative extension of up to an additional six calendar months where a property owner can demonstrate a good faith effort to sell or lease the premises to another, similar use prior to determining abandonment. Requested extensions beyond the six months must be approved by the Board of Zoning Appeals.

(f)

Change to other nonconforming use. A nonconforming use may be changed to another nonconforming use provided the Zoning Administrator makes all of the following determinations:

(1)

The proposed use shall be as compatible as, or more compatible with, the surrounding area than the previous nonconforming use.

(2)

The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous nonconforming use, except as may otherwise be permitted by this article.

(3)

That appropriate conditions of approval and safeguards are provided that ensure compliance with the intent and purpose of this chapter.

(Ord. No. 1331, § 1, 5-5-25)

This section applies when a change in use or a site plan is proposed on a site that does not conform with the current ordinance standards.

(a)

New development or a replacement of the existing building(s). Where a new building is being constructed, full compliance with the current ordinance standards shall be required.

(b)

Building facade renovations. Renovations to a building that does not include changes to the site, shall not be required to be brought into compliance with the ordinance, except for conforming features that impact safety such as building code compliance.

(c)

Change in use, expansion or reconstruction on part of the site. The Zoning Administrator may review the extent of the noncompliance and may require full or partial compliance, or allow certain nonconforming features to remain, based on the relationship to the extent of the change proposed for the lot. In making such a determination, the Zoning Administrator may require an upgrade to the site based upon the following standards.

(1)

Reasonable site improvements to be made in relation to the scale and construction cost of the improvements

(2)

Improvements to the site are necessary to address safety-related site issues in accordance with the building code, fire code and other safety regulations.

(3)

Existing parking and loading spaces do not meet the current requirements of Chapter 1254 - Parking. The Zoning Administrator may allow for continued use of parking and loading spaces that do not meet the current required dimensions within all or a portion of the existing parking area if the intensity of the use will not increase. The Zoning Administrator may require improvements to the pavement and parking lot striping.

(4)

The closing, relocating, redesigning or reconfiguring of access points to allow shared access with an adjacent parcel for the purpose of reducing conflicts with traffic and non-motorized travel along the public street. (For example, driveways closest to signalized intersections or that have a poor offset spacing from driveways across the street may need to be closed, relocated or restrict certain turning movements to improve traffic flow and reduce crash potential). The Zoning Administrator may defer to the City Transportation Engineer for required changes to access design. See Section 1254.01.12 - Ingress and Egress.

(5)

Improved landscaping, to the extent practical, is necessary to provide sufficient buffering from less intensive adjacent uses, to improve the streetscape, mitigate the impact of nonconforming buildings or structures, and reduce the flowrate and improve the quality of stormwater runoff.

(6)

Conformance with the standards of section will result in reduced glare onto adjacent residential or institutional properties and public rights-of-way.

(7)

Relocating and screening waste receptacles that are not fully conforming to current placement and screening standards will reduce conflicts with vehicles, improve views from the public street, and reduce impacts on adjacent residential property.

(Ord. No. 1331, § 1, 5-5-25)