(a)

Except as specified in this section, any use, building or structure existing at the time of enactment of this chapter or classification amendment applicable to its use, may be continued even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located; provided, however, that this section shall not apply to any use, building or structure established in violation of this chapter or ordinance previously in effect in the city.

(b)

A structure, lot, site, or use that is in violation of the requirements of this code and was constructed or established since the adoption of this code without the necessary approvals, permits, or authorizations from the city is considered illegal nonconforming. In addition, a structure, lot, site, or use that was constructed or established at any time prior to the adoption of this code that was not in compliance with the then applicable regulations is considered illegal nonconforming. The owner and/or operator of an illegal nonconforming structure, lot, site, or use shall be subject to actions and penalties allowed by this code and all other applicable city ordinances and shall be required to correct the nonconforming situation to come into conformance with all applicable standards and regulations of this code.

(c)

Prior to the issuance of any building or development permit, all nonconforming buildings, structures, sites, and uses shall be removed or brought into compliance with all provisions of the code except as specified in this article.

(Ord. No. 565, § 2, 2-19-2020)

(a)

Normal repairs and maintenance may be made to a nonconforming building or structure; provided that no structure alterations shall be made except those required by law or ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms. Structure alterations include, but are not limited to, façade modifications beyond normal repairs and maintenance. Façade modifications beyond normal repairs and maintenance shall conform to all regulations of the district in which the structure is located.

(b)

Unless otherwise provided, a nonconforming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements meet the requirements as follows:

(1)

A legal nonconforming structure may be expanded or enlarged up to 50 percent of its size, provided the use is permitted by right within the respective district, the expansion is in accordance with the architectural and building height requirements, and there are no further encroachments into the required building setbacks established in this chapter. If the expansion is equal to or less than 200 square feet, the building official may allow for a deviation in architectural building materials in order to maintain architectural consistency.

(2)

A legal nonconforming structure may be expanded or enlarged in excess of 50 percent of its size provided that all provisions of this code shall be applicable to the existing structure or structures as well as any new construction on the lot or parcel. For the existing structure, where it is determined that all provisions of this code cannot be reasonably met or conformance with all requirements of this code will cause the expansion or creation of another nonconformity, the applicant may request approval of a variance by the board of adjustment. Any expansion or enlargement under this section is subject to applicable setback requirements in place at the time of the expansion or enlargement, regardless of encroachment of the existing legal nonconforming structure into the applicable setback area.

(3)

For purposes of determining the expansion or enlargement of a nonconforming structure, the square footage of all previous expansions under this section shall be cumulative and the square footage of the original structure shall be the original size for purposes of the calculation.

(4)

All expansion or enlargement of structures under this section shall be in compliance with all applicable regulations of the zoning district in which such structure is located. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity.

(c)

A nonconforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located.

(d)

If a nonconforming building or structure has been damaged or destroyed to an extent greater than 50 percent of its fair market value (as determined by the most recent appraised value of the appraisal district in which the building or structure is located), such building or structure and its use, if repaired or replaced, shall conform to all regulations of the district in which it is located, and it shall be treated as a new building.

(e)

Where the building official determines that a nonconforming building or structure has been damaged or destroyed to an extent greater than 50 percent of its fair market value (as determined by the most recent appraised value of the appraisal district in which the building or structure is located) and denies a building permit for reconstruction on the basis of a nonconforming use, an applicant for a permit shall have the right of appeal to city council within 15 days after receipt of notification of such action. The applicant shall be advised by the city secretary of the time and place of the hearing at which the appeal will be considered, and that the applicant shall have the right to attend and be heard as to reasons for filing the appeal. In determining the time and place of the hearing the city secretary shall cause a public notification to be published in the official newspaper describing the requested development, a minimum of ten days prior to the hearing; and cause certified letters to be sent to all property owners within 200 feet of the boundary of the parcel of land for which the building permit is being applied for. In determining whether to allow the issuance of a building permit, the city council shall determine that each of the following standards has been met:

(1)

It will not be contrary to the public interest.

(2)

It will be in harmony with adjacent land uses.

(3)

It will not adversely affect the public health, safety and welfare.

(f)

A vacant, nonconforming building or structure lawfully constructed before the date of enactment of this section may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of 90 days after the effective date of the ordinance from which this section is derived. The use of a nonconforming building or structure lawfully constructed before the date of enactment of this section which becomes vacant after the effective date of the ordinance from which this section is derived, may be re-occupied by the use for which the building or structure was designed or intended, if so occupied within a period of 90 days after the building or structure becomes vacant. All such buildings, after 90 days of vacancy, shall be converted to a conforming use.

(Ord. No. 565, § 2, 2-19-2020; Ord. No. 657, § 12, 6-1-2022)

The nonconforming use of a building or structure may be continued as hereinafter provided:

(1)

The nonconforming use of a building or structure may not be changed to a use which does not conform to the requirements of the district in which it is situated.

(2)

A nonconforming use of a conforming building or structure shall not be enlarged, expanded, or increased into any other portion of such conforming building, structure, or lot, nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall conform to the regulations of the district in which such building or structure is located.

(3)

A legal nonconforming use shall be considered enlarged, expanded, or increased if there is:

(A)

An increase square footage of the building housing the nonconforming use;

(B)

An expansion of the square footage occupied by a nonconforming use within an existing building;

(C)

Occupation of a greater portion of the tract on which the use is located;

(D)

Construction of additional buildings associated with the nonconforming use; or

(E)

An increase the scope, volume, or intensity of the use in a significant way.

(Ord. No. 565, § 2, 2-19-2020)

A nonconforming site is one where one or more existing site improvements, including but not limited to parking areas, sidewalks and landscaping, do not conform to one or more of the regulations of this code applicable to the property. Those nonconforming sites lawfully existing on the effective date of this code shall be considered legal nonconforming sites. The continuation of a nonconforming site can be continued as hereinafter provided:

(1)

A legally nonconforming site shall be maintained in accordance with the codes in effect when the site was constructed or as deemed necessary by the planning director for the general safety and welfare of the occupant and the public. Any repairs or maintenance required by the planning director shall not be construed as to allow an addition to or expansion of a nonconforming site. Except as otherwise provided for in this article; no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity. Maintenance of a site includes maintenance of landscaping, pavement, lighting, and detention ponds.

(2)

A change in the tenant of a legal nonconforming site may cause the site to lose its legal nonconforming status based on the following provisions. For the continuation of the existing legal nonconforming site, where it is determined that all provisions of this code cannot be reasonably met or conformance with all requirements of this code will cause the expansion or creation of another nonconformity, the applicant may request a variance from the board of adjustment:

(A)

Tenant with same use. A change in tenant of a legal nonconforming site to a tenant with the same use, as listed in the land use tables of this chapter, is permitted without any required changes to the nonconforming site; provided the restrictions below are met.

(i)

The use shall not increase the amount of impervious cover, the amount of outside storage, or the amount of space for outdoor business operations previously existing.

(ii)

The average daily vehicle trips generated by the new use shall be less than or equal to the previous use.

(iii)

The use shall not produce more noise, vibration, dust, odor, fumes, glare, or smoke than the previous use.

(iv)

The site shall be maintained and in conformance with any site plan or regulations in effect when the site was established or last improved. This includes the replacement of any dead plants or trees, the restriping of parking spaces, and the repaving of deteriorated pavement.

(v)

The use shall meet all limitations or requirements of this chapter for such use without alteration to the site.

(B)

Tenant with similar or less intense use. A change in tenant of a legal nonconforming site to a tenant with a similar or less intense use as the previous tenant may be allowed without any required changes to a nonconforming site; provided the restrictions below are met.

(i)

The new use shall have a parking requirement less than or equal to the previous use.

(ii)

The new use shall not increase the amount of outside storage or activities previously existing.

(iii)

The average daily vehicle trips generated by the new use shall be less than or equal to the previous use.

(iv)

The new use shall not produce more noise, vibration, dust, odor, fumes, glare, or smoke than the previous use.

(v)

The site shall be maintained and in conformance with any site plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re-striping of parking spaces, and the repaving of deteriorated pavement.

(vi)

The new use shall meet all limitations or requirements of this chapter for such use without alteration to the site.

(C)

Tenant with more intense use. Any change in tenant that does not meet the provisions of the preceding categories shall be determined to be a change in use. A change in tenant of a legal nonconforming site to a tenant with a different use as the previous tenant shall be governed under the provisions of section 14.04.004(c) abandonment of a non-conforming site in terms of the required site improvements prior to a certificate of occupancy.

(3)

Abandonment of a non-conforming site. In the event a nonconforming site is determined to be abandoned, the site shall be altered to conform to all applicable requirements of this code, as outlined below, upon re-occupancy. However, a variance may be granted by the board of adjustment, if it is determined that conformance with all requirements of this code will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this code cannot be reasonably met. Refer to section 14.04.006 for determination of abandonment.

(A)

Parking and parking lot design. An abandoned site shall be altered to provide parking numbers and parking lot design in conformance with the following:

(i)

All required parking spaces for the subject use must be provided. Construction of additional required parking spaces shall be in conformance with this code. If the additional spaces required cannot be met on site, the applicant may request the requirement be met off-site pursuant to this code.

(ii)

All deteriorated pavement, as determined by the city engineer, must be repaved in accordance with this code, and Transportation Criteria Design Manual, as applicable.

(iii)

All existing parking spaces and maneuvering areas shall be re-striped to be in conformance with the dimensional requirements of this code.

(iv)

Those nonconforming parking spaces that have direct access to public right-of-way shall be removed and those spaces replaced elsewhere on the site if those spaces are necessary to meet the minimum parking requirements. This provision does not apply to any on-street parking spaces otherwise approved by the city engineer.

(B)

Driveways. An abandoned site containing driveways not conforming to the number, spacing, or width requirements of this code shall be altered to be in conformance with such. Nothing herein shall be construed as to require the removal of all driveway access to a property.

(C)

Landscaping. An abandoned site shall be altered to conform to all applicable landscaping, bufferyards, and screening requirements of this code. Any area on site that is available for landscaping shall be so utilized to meet these requirements. When the city grants permission, the owner or operator of the site may also use areas within the public right-of-way to satisfy landscape planting requirements provided that such landscaping does not conflict with existing or proposed utilities. Where landscaping in accordance with the provisions of this code cannot be reasonably met, the applicant may request the building official consider an alternative plan that meets the intent of the requirements.

(D)

Land use conditions. The abandoned site shall be altered to conform to all applicable land use conditions established in this chapter for the new use.

(E)

Sidewalks. An abandoned site that does not have sidewalks in conformance with this code shall be altered to include such.

(F)

Incidental site features. All incidental nonconforming site features including fences, dumpster enclosures, and exterior lighting must be altered to conform to the provisions of this code.

(Ord. No. 565, § 2, 2-19-2020)

(a)

A nonconforming lot is a lot of record that does not meet the minimum area or dimensional requirements of the zoning district in which the lot is located. Those nonconforming lots lawfully existing on the effective date or applicability of this code or subsequent amendments thereto shall be considered legal nonconforming lots.

(b)

A legal nonconforming lot may continue to exist indefinitely and may be developed and used as if it were a conforming lot, provided the proposed use is permitted and all development standards of the applicable zoning district of this code are met. This provision does not preclude a landowner from seeking a variance or other exception from zoning requirements under other sections of this code.

(c)

No new division of any legal nonconforming lot or parcel shall be made that:

(1)

Increases the level of existing nonconformity;

(2)

Leaves any lot, parcel, or remnant with width or area below the requirements stated in this code; or

(3)

Creates any new nonconforming situation.

(Ord. No. 565, § 2, 2-19-2020)

(a)

The nonconforming use of building, structure, or land which has been abandoned for a period of 90 days shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:

(1)

The building, structure, activity or land has been unoccupied or out of use;

(2)

One or more utility accounts have been discontinued;

(3)

Utility meters are removed;

(4)

Taxes are delinquent on the property;

(5)

The site or structure has not been maintained;

(6)

The unit has not been made available for occupancy;

(7)

The characteristic equipment and furnishings of a nonconforming use have been removed from the premises; or

(8)

A nonconforming use has been replaced by a conforming use.

(b)

All the buildings, activities, and operations maintained on a lot are generally to be considered as a whole for the purposes of determining abandonment. A multi-tenant site, building or shopping center shall be considered occupied for the purposes of this article, provided it remains at least 30 percent occupied. The failure to rent one space in a nonconforming building or on a nonconforming site shall not result in a loss of the right to rent space thereafter so long as the building or site as a whole is continuously maintained and at least 30 percent of the units remain rented.

(c)

The time period for determining abandonment shall exclude any period of discontinuance of use caused by government actions impeding access to the premises without any contributing cause by the owner of the legal nonconforming use, site, or structure.

(Ord. No. 565, § 2, 2-19-2020)

Whenever the boundaries of a zoning district shall be changed as to transfer an area from one district to another district, or when the boundaries of districts are changed as the result of annexation of new territory, or changed in the regulations or restriction of this section, the foregoing provisions relating to nonconforming uses shall also apply to any uses existing therein which may become nonconforming.

(Ord. No. 565, § 2, 2-19-2020)

(a)

Removal or destruction of a structure containing a nonconforming use shall eliminate the nonconforming use status. Destruction for the purpose of this subsection is defined as damage equal to more than 50 percent of the replacement cost of the structure.

(b)

A nonconforming use shall terminate upon any sale or conveyance of the property, excluding residential uses that have not been deemed abandoned.

(Ord. No. 565, § 2, 2-19-2020)