If a conforming lot is made nonconforming due to governmental acquisition of a portion of the lot for a public purpose that results in the lot no longer complying with applicable lot area or other dimensional standards, or due to the voluntary donation of land for a public purpose, the lot shall be deemed a conforming lot upon the Community Development Director approving a concept site plan for development of the lot that demonstrates the development existing or proposed on the lot:

(a)

Complies with Table 4.2.2: Principal Use Table;

(b)

Complies with the dimensional standards of the zone district in which it is located, to the maximum extent practicable;

(c)

Complies with the off-street parking (Section 5.2, Off-Street Parking, Bicycle, and Loading Standards) and landscaping standards (Section 5.3, Landscape, Buffer, and Tree Protection Standards) of this LDC, to the maximum extent practicable;

(d)

Complies with all other standards and requirements of this LDC; and

(e)

Is designed and configured in a way that is compatible with surrounding development.

(a)

In the City, there exists uses of structures, lots of record, and signs that were lawfully established before this LDC was adopted or amended that do not conform to the standards or requirements of this LDC. It is the general policy of the City to allow such uses, structures, lots of record, and signs to continue to exist. It is also the policy of the City to bring as many nonconformities into conformance with this LDC as is reasonably practicable, subject to the requirements of this article.

(b)

The purpose and intent of this article is to recognize the interests of the landowner in continuing to use the land, but to preclude the establishment of a new nonconforming structure or use in the same zone district, the enlargement or expansion of a nonconformity, or the reestablishment of a discontinued or substantially destroyed nonconformity unless allowing such expansion or reestablishment can serve as an incentive to achievement of even greater public benefit.

Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

(a)

Minor Repairs and Maintenance of Nonconforming Uses, Lots of Records, and Signs. Any minor repairs and normal maintenance that are required to keep nonconforming uses, lots of record, and signs in a safe condition are permitted.

(b)

Minor Repairs and Maintenance of Nonconforming Structures. Any minor repairs and normal maintenance that are required to keep in a safe condition a nonconforming structure, or the portion of a structure containing a nonconforming use, are permitted provided that the area of the nonconforming structure or portion of the structure containing a nonconforming use is not enlarged.

(a)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in accordance with the standards of this LDC.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing in this LDC shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by any official charged with protecting the public safety except as provided in Section 8.3.5, Reconstruction or Repair after Casualty Damage.

No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

Nonconforming uses are declared generally incompatible with the permitted uses in the zone district in which they are located and with the provisions of this LDC. Nonconforming uses shall be subject to the standards in this section.

(a)

A nonconforming use shall not be extended, enlarged, or moved to occupy a different area of a structure or lot, except an existing nonconforming use may be extended throughout any parts of a structure which were clearly designed or arranged for such use when the use became nonconforming.

(b)

The repair, alteration, or extension of a building occupied by a nonconforming use that is more extensive than a minor repair, alteration, or extension (see Sec. 8.1.4 above) is not permitted unless the repair, alteration, or extension provides for the full amount of vehicular off-street parking for the use required in accordance with Section 5.2, Off-Street Parking, Bicycle, and Loading Standards.

(a)

General. Except as provided in subsection (b) below, if a nonconforming use is discontinued or abandoned for one hundred eighty (180) consecutive days, the use shall not be reestablished and shall only be replaced with a conforming use.

(b)

Exceptions.

(1)

Time spent renovating or repairing a structure that houses the nonconforming use is not considered a discontinuance of the use, provided:

(A)

All appropriate development permits are obtained;

(B)

The renovation or repair is completed within 18 months after commencement of the repair or renovation; and

(C)

The use is reestablished within one month after completion of the renovation or repairs.

(2)

Any discontinuance of use caused by government action without the contributing fault by the nonconforming user, or by an act of God, shall not be considered in determining the length of discontinuance.

(c)

Nonconforming Structure. Any reconstruction or repair of a damaged structure used for a nonconforming use shall be subject to the same provisions applicable to nonconforming structures in Section 8.3, Nonconforming Structures.

(d)

Conditional Use. Any use which was formerly a permitted use in a zone district but that, upon amendment of this LDC, becomes a conditional use shall not be considered a nonconforming use even though it has not received approval of a Conditional Use Permit. No such use shall be expanded without a conditional use permit in accordance with Sec. 2.5.1(g), Conditional Use Permit.

Nonconforming structures shall be subject to the standards in this section.

Where a nonconforming principal structure contains a conforming use, only the nonconforming structure is subject to the standards and limitations in this section. Where a nonconforming structure contains a nonconforming use, the nonconforming structure is subject to the standards and limitations in this section and the nonconforming use is subject to the standards and limitations in Section 8.2, Nonconforming Uses.

A nonconforming structure shall not be enlarged or structurally altered in any way that increases the nonconformity, but any nonconforming structure or portion may be altered to decrease its nonconformity.

A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located unless the entire structure conforms to the requirements of this LDC.

Except as otherwise provided in Section 5.7, Flood Damage Prevention, the reconstruction or repair of a nonconforming structure damaged as a result of a natural disaster or other unforeseen and unpreventable accident or occurrence shall be subject to the following provisions.

(a)

Damage Up to fifty (50) Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would be fifty (50) percent or less of its assessed value before the damage, the structure may be reconstructed or repaired upon application to the Community Development Director if:

(1)

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

(2)

The reconstruction or repair begins within one year after the Community Development Director has approved the application to reconstruct or repair and is diligently pursued to completion.

(b)

Damage Greater Than fifty (50) Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would exceed fifty (50) percent of its assessed value before the damage, the structure shall not be reconstructed or repaired except in accordance with the provisions of this LDC.

If a fence is made nonconforming due to annexation by the City, it shall be permitted to be repaired or replaced, in part or in whole, provided the repair or replacement does not increase the nonconformity with respect to height or setback and does not obstruct views within the sight triangle.

No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.

If a vacant nonconforming lot abuts another lot (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots, or lot(s) that are less nonconforming.

(a)

Nonconforming structures legally established on a nonconforming lot of record before March 1, 2022 may be continued, enlarged, or redeveloped only in accordance with the standards in Section 8.3, Nonconforming Structures.

(b)

In any zone district in which there is a lot of record established as of March 1, 2022 and any type of dwelling use is a permitted use, the dwelling units and any customary accessory units may be erected as long as the development complies with all dimensional standards in the zone district except for lot area and lot width requirements and the Public Works Director and Fire Department determine that adequate access to the site is provided.

(c)

Notwithstanding limitations imposed by other provisions of this LDC, a nonconforming lot of record established as March 1, 2022 may be used for any use permitted in the zone district in which the lot is located, or as the site for any structure containing such a permitted use, provided the lot is located within a commercial district.

Nonconforming signs shall be subject to the following standards.

A nonconforming sign shall not be enlarged or added to in any way that increases the nonconformity.

A nonconforming sign that is moved, replaced, or structurally altered shall be brought into conformance with this article.

The reconstruction or repair of a damaged nonconforming sign shall be subject to the following standards:

(a)

Damage Up to fifty (50) Percent of Value.

(1)

If a nonconforming sign is damaged by any means to an extent whereby the cost of restoring the sign to its before-damaged condition would be fifty (50) percent or less of its replacement value before the damage, the sign may be reconstructed or repaired and continued to be used as a nonconforming sign if:

(A)

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

(B)

The reconstruction or repair is begun within 90 days after the damage, and is diligently pursued thereafter.

(2)

If reconstruction or repair is not begun within 90 days after the damage and diligently pursued thereafter, the sign shall be deemed abandoned and shall be removed in accordance with Section 5.14.7(c), Removal of Abandoned Signs.

(b)

Damage Greater Than fifty (50) Percent of Value. If a nonconforming sign is damaged by any means to an extent whereby the cost of restoring the sign to its before-damaged condition would exceed fifty (50) percent of its replacement value before the damage, the sign shall not be reconstructed or repaired except in conformity with the provisions of this LDC, and the nonconforming sign shall be removed within thirty (30) days of the date the sign was damaged.

(c)

Replacement Value. For purposes of this Section 8.5.4, the replacement value shall mean the cost to construct a replacement sign at the time of filing the application for a permit to reconstruct or repair the nonconforming sign.

If a nonconforming sign is abandoned or ceases to be used for a period exceeding 90 days, it shall not be reestablished and shall only be replaced with a conforming sign. A sign shall be considered abandoned or discontinued if its copy area is no longer readable or comprehensible, or if the business it identifies or advertises ceases to operate. An abandoned nonconforming sign shall be removed in accordance with Section 5.14.7(c), Removal of Abandoned Signs.

(a)

A nonconforming sign shall be properly maintained in accordance with Section 5.14.8, Maintenance.

(b)

Nothing in this article shall be interpreted to prevent the regular maintenance of or the manual change of sign copy on a nonconforming sign.

The casual, illegal, or temporary use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.