The purpose of this chapter is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this title. The intent of this chapter is to specify the circumstances under which legal nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated.

(Ord. 21-3, 1-18-2021)

   A.   Authority To Continue:

      1.   Any use, structure, or lot that was established legally as of the effective date of this title, or its subsequent amendments, may continue as long as it remains lawful.

      2.   Any use, structure, or lot that was established legally as of the effective date of this title, or its subsequent amendments, and has been made nonconforming due to the regulations of this title, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this chapter as long as it remains otherwise lawful.

      3.   Any use, structure, or lot that was established illegally as of the effective date of this title, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this title.

      4.   If property is used in a manner that was classified as a permitted use prior to the effective date of this title, and that use is now classified as a conditional use as of the effective date of this title, that use is deemed a nonconforming use. Such uses are allowed to continue and are controlled by the provisions of this chapter. However, any addition, enlargement, or expansion of the use is required to obtain a conditional use permit at the time of the addition, enlargement, or expansion.

   B.   Nonconforming Status: The legal nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management.

   C.   Burden Of Establishing Legal Status: The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this title shall be the responsibility of the owner of such use, structure or lot.

(Ord. 21-3, 1-18-2021)

   A.   Applicability: A legal nonconforming use is the use of land that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title.

   B.   Expansion Of Use: A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.

   C.   Relocation Of Use: A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.

   D.   Damage Or Destruction Of Use:

      1.   In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the use cannot be continued unless it meets the requirements of the subject zoning district.

      2.   In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of its replacement value, the structure may be repaired provided that:

         a.   The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.

         b.   A building permit is obtained for such repairs within one hundred eighty (180) days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.

      3.   The replacement value of the legal nonconforming structure shall be established by:

         a.   The sale of the structure within the previous year, or if that is not applicable;

         b.   An appraisal of the structure within the last two (2) years, or if that is not available;

         c.   The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

         d.   An alternative method determined acceptable by the Zoning Administrator.

   E.   Change Of Use: A legal nonconforming use shall not be changed to any other use unless the use is allowed within the subject zoning district.

   F.   Discontinuation Or Abandonment Of Use: If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least 30 days, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any subsequent use or occupancy of such land or structure shall meet the requirements of the subject zoning district. The following exceptions apply:

      1.   If the period of such discontinuance is caused by government action or acts of God, it is not included in calculating the length of discontinuance.

      2.   If the property owner files notice in writing of the suspension of a nonconforming use with the Zoning Administrator prior to the expiration of the continuous period of at least thrity (30) days. The Zoning Administrator may approve an extension of such time frame not to exceed thirty (30) days.

   G.   Amortization Of Nonconforming Uses In Residential Zoning Districts: Any nonconforming use of land located in a residential zoning district which lawfully existed at the time that this title became effective, shall be discontinued within one (1) year after the Zoning Administrator has provided written notice to the property owner. This section does not apply to nonconforming uses that received approval of a use variance.

   H.   Requests For Extensions Of Nonconforming Uses In Residential Zoning Districts: The owner or operator of a nonconforming use in a residential zoning district may request a six (6) month extension of the amortization period. The applicant shall submit a detailed narrative to the Zoning Administrator explaining the request that includes documentary evidence such as: 1) the amount of the owner's investment in the pre-existing, nonconforming use through the effective date of this title; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3) the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall approve or deny the request based upon the documentary evidence.

   I.   Requests For Extensions Of Nonconforming Uses In Residential Zoning Districts Greater Than Six (6) Months: City Council may grant an extension for the continued operation of a nonconforming use in a residential zoning district. In order to secure an extension of time greater than six (6) months, the owner or operator must submit to the Zoning Administrator a written request for such extension at least sixty (60) days prior to the end of the amortization period. No application for extension received after such time shall be considered. This information shall be supported by relevant documentary evidence such as: 1) the amount of the owner's investment in the pre-existing, nonconforming use through the effective date of this title; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3) the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall notify an applicant of the time and place of a public hearing to be held on such request before the Planning and Zoning Commission. The Planning and Zoning Commission shall make a recommendation to be transmitted to City Council who may approve or deny the request.

(Ord. 21-3, 1-18-2021; amd. Ord. 21-15, 4-5-2021)

   A.   Applicability: A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title. For the purposes of this chapter, legal nonconforming structures shall include signs (see section 10-20-8: Nonconforming Signs), on-site development, off-street parking and loading facilities, and landscape characteristics.

   B.   Ordinary Maintenance And Repair: Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.

   C.   Structural Alterations, Enlargements, And Additions: Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:

      1.   When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition as determined by the Zoning Administrator.

      2.   When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.

      3.   When the alteration, enlargement, or addition will not create any new nonconformity, extends no further than the existing non-conforming setback, and does not increase the height of the existing structure.

   D.   Relocation: A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.

   E.   Damage Or Destruction:

      1.   In the event that a legal nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.

      2.   In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of its replacement value, the structure may be repaired provided that:

         a.   The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.

         b.   A building permit is obtained for such repairs within one hundred eighty (180) days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.

      3.   The replacement value of the legal nonconforming structure shall be established by:

         a.   The sale of the structure within the previous year, or if that is not applicable;

         b.   An appraisal of the structure within the last two (2) years, or if that is not available;

         c.   The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

         d.   An alternative method determined acceptable by the Zoning Administrator.

   F.   Extension Of Walls For Nonconforming Single-Family And Two-Family Dwellings: Where a single-family or two-family dwelling is a legal nonconforming structure because of encroachment into the required setback, the structure may be enlarged or extended vertically along the same plane as defined by its existing perimeter walls, so long as the resulting structure complies with the required side yard setbacks and does not increase the degree of the existing nonconformity or otherwise violate this title.

   G.   Principal Single-Family And Two-Family Residential Structures Deemed Conforming: Lawfully created principal single-family and two-family residential structures, which also may include a legal nonconforming detached garage, that do not meet the underlying zoning district requirements as of the effective date of this title shall be allowed to be rebuilt in the same building footprint if damaged or destroyed provided that:

      1.   It does not increase the degree of the nonconformity;

      2.   The nonconforming principal residence and/or detached garage is reconstructed within one year of being damaged or destroyed.

(Ord. 21-3, 1-18-2021)

   A.   Applicability: A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title.

   B.   Contiguous Nonconforming Lots Of Record: If two (2) or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this title, then the lots of record shall be developed as a single entity.

   C.   Nonconforming Residential Lots Of Record: Any lawfully created lot of record as of the effective date of this title that is located in a Residential District, that has no substantial structure upon it, and is legal nonconforming may be used for a single-family detached dwelling without elimination of the nonconformity provided the residence meets the underlying zoning district's setback requirements.

   D.   Lots Or Parcels Deemed Conforming: Lots or parcels created as a result of the following actions are deemed conforming for the purposes of this title:

      1.   When land area is acquired by a government agency for expansion of right-of-way

      2.   When the action of waterways that forms the boundaries of a lot reduce the lot area.

      3.   When property lines are established by a court order in order to settle a boundary dispute between adjacent property owners.

(Ord. 21-3, 1-18-2021)