A.

Meaning and Intent. A nonconforming use or lot or building shall be any use or lot or building that lawfully existed before the adoption of the ordinance codified in this chapter, or zoning regulations previously adopted by the city, but which is prohibited by the provisions contained within this title.

It is the intent of this chapter to allow for the continuation of such nonconforming uses, lots and buildings, so long as they meet the provisions contained herein, but not to permit their enlargement, nor to allow their continuation should they be discontinued for a reasonable period of time or substantially damaged by fire or other cause.

B.

Abandonment of Use. If active and continuous operations are not carried on as a nonconforming use during a continuous period of two years, the building, other structure, associated equipment or land where such conforming use previously existed shall thereafter be used and occupied only for conforming uses, and if not so used, shall be removed. Where the nonconforming use or activity involves a nonconforming mobile home or a mobile home produced prior to 1974, the nonconforming use or activity may not be replaced at any time with any other nonconforming use or nonconforming mobile home.

C.

Restoration. Any nonconforming building or other structure may be restored to the nonconforming use of such structure unless such nonconforming structure is damaged or destroyed by fire or other cause to the extent of more than seventy-five (75) percent of its replacement cost at the time of the destruction. In cases where the destruction was due to causes beyond the control of the owner and the destruction was less than total, the board of adjustment may allow restoration to the nonconforming use upon a finding of exceptional and undue hardship.

Such restoration must be substantially completed, however, within two years from when it became nonconforming or from when the board of adjustment allowed such restoration in such cases where board of adjustment approval is necessary.

D.

Enlargement of or Change to a Nonconforming Use or Building. Unless otherwise permitted in this code, nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this title or any amendment to this title that made the use nonconforming. No building or structure that contains a nonconforming use shall be enlarged unless the nonconforming use is permanently discontinued or unless otherwise permitted by this code. A nonconforming use shall not be changed to another nonconforming use. Except as permitted by subsections C, E and F of this section, structural alterations to nonconforming buildings or structures are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it. In matters pertaining to the restoration of nonconforming buildings, the provisions of the Dangerous Building Code and other such building, fire, plumbing, mechanical and other codes as the city has adopted shall apply unless such provisions are in conflict with or inconsistent with provisions contained within this title, in which case the provisions contained herein shall prevail.

E.

Alteration of Nonconforming Buildings. Nonconforming buildings may be altered to make them conform to established safety requirements. Maintenance repairs may be undertaken to keep them in sound condition and alterations are permitted which would reduce the degree of nonconformance or change the use to one of conformance.

F.

Structures Under Construction. Any nonconforming use or structure for which a valid building permit has been issued before the use or structure became nonconforming may be completed and occupied in accordance with the provisions of the building permit that was previously issued, subject to the other provisions of this chapter.

G.

Title Default. If the title to any nonconforming lot or parcel shall transfer by reason of tax delinquency, and such property is not redeemed as provided by law, the future use of such property shall be in conformity with the provisions of this chapter and all other city regulations and ordinances.

H.

Conforming and Nonconforming Lots. Nonconforming lots of record at the time of adoption of this zoning regulation may be built upon or used; provided, that the setback, floor area and other requirements for the zoning district within which the lot is located are adhered to, or a variance from these requirements is granted by the board of adjustment.

(Ord. 99-8 § 1 (part): prior code § 17.22.010)

(Ord. No. 2022-3, § 7, 3-15-22)

All single-family dwellings, two-family dwellings, and the lots or portions of the lots on which they are located, including those portions of larger or multi-use buildings devoted to such uses, are declared to be conforming uses, lots and buildings, and are exempt from the nonconforming use provisions of this chapter, so long as such dwellings were first constructed, erected or installed on the lot prior to adoption of the ordinance codified in this chapter. Such exemption shall be deemed to run with the land.

(Ord. 99-8 § 1 (part): prior code § 17.22.020)

All historic buildings and the lots or portions of lots on which they are located are considered to be conforming buildings and lots and are therefore exempt from the nonconforming provisions of this chapter and such exemption shall be deemed to run with the land. Historic buildings for the purpose of this section shall be declared to be all structures included in section 17.44.050, as amended by all subsequent new designations and revocations.

(Ord. 99-8 § 1 (part): prior code § 17.22.030)