(a)   The purpose of this chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Zoning Code’s enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Code.

   (b)   Nonconforming use status is considered to be incompatible with permitted uses in the zoning district in which it exists. Therefore, nonconforming uses, buildings, lots, and structures are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. Such nonconforming status shall be continued only in conformance with this chapter.

   (c)   A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.

(Ord. 2022-24. Passed 5-24-22.)

   A nonconforming use may continue so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

      (1)   No building or structure occupied by a nonconforming use shall be altered, improved or reconstructed except when the cumulative cost of the alteration, improvement or reconstruction does not exceed sixty percent (60%) of the building’s replacement value.

      (2)   As an exception to Section 1145.02(a)(1), if a dwelling containing a legal nonconforming single family or two-family land use located in an R1-A, R1-C, R2-F, GB or O zoning district is damaged or destroyed by any cause, those portions so destroyed or damaged may be restored to the original footprint and floor area of the dwelling subject to the conditions set forth in Section 1145.03(c).

   (b)   Expansion or Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, extended, or relocated to a part of the lot that was not occupied by the use at the time it became nonconforming. No additional structures shall be constructed in connection with such nonconforming use.

      (1)   A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless the Planning Commission, upon filing of a written request, finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.

      (1)   The abandonment or discontinuance of a nonconforming use of a building, part of a building, lot or part of a lot for a continuous period of 180 days, or longer shall constitute voluntary abandonment or discontinuance of such use and thereafter any use of the premises shall conform to the applicable use regulations of this Zoning Code.

      (2)   Failure to bring the building, lot or part thereof into compliance with the current Code regulations shall constitute a violation of this Zoning Code.

   (f)   No new building or structure not conforming to the applicable requirements of this Zoning Code shall be created in connection with a nonconforming use of land.

(Ord. 2022-24.  Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

   (a)   A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions.

      (1)   The dwelling shall be rebuilt as the same category of dwelling type (i.e. a single-family dwelling may not be rebuilt as a multifamily dwelling).

      (2)   The dwelling shall not exceed the original dwelling’s total livable and non-livable square footage area nor exceed the original structure height.

      (3)   Any restoration or reconstruction that exceeds the original footprint and/or floor area of the original dwelling shall be constructed in a manner that conforms to the current regulations of the zoning district in which the structure is located.

      (4)   The dwelling shall not encroach into the original building setbacks.

      (5)   When a dwelling qualifies for reconstruction or restoration under this section, a building permit shall be obtained for that purpose and such reconstruction or restoration shall be diligently completed without delay.

      (6)   Failure to fully reconstruct or restore within one year from the date of damage or destruction revokes the right to the legal nonconforming use status and the premises shall conform thereafter to all applicable Zoning Code regulations.

      (1)   A building permit authorizing such restoration or reconstruction shall be obtained.

      (2)   Such restoration or reconstruction shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such damage or destruction.

      (3)   Failure to fully reconstruct or restore within one year from the date of damage or destruction revokes the right to the legal nonconforming use status and the premises shall conform thereafter to all applicable Zoning Code regulations.

(Ord. 2022-24. Passed 5-24-22.)

   A lot of record that does not comply on the effective date of this Zoning Code or any amendment thereto with the lot area or lot width regulations of the district in which the lot is located may be used as follows:

      (2)   Existing building on a nonresidential lot. If the lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all applicable regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.

      (1)   A single vacant non-conforming lot in an R1-A, R1-C or R2-F zoning district that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family dwelling provided that the dwelling and its accessory uses comply with all regulations of this Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located. Review and approval of development on such lots of record shall be conducted according to the applicable procedures set forth in this Zoning Code and Subdivision Regulations.

      (2)   A single vacant nonconforming lot in an RMF, SF or non-residential zoning district may be used for any use permitted in the district in which it is located when the development of such lot meets all requirements of the district in which it is located, including the maximum lot coverage and minimum yard requirements, except for the minimum lot area and lot width requirements. No use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a nonconforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1147.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

   (a)   A building or use existing lawfully at the time this Zoning Code or an amendment thereto became or becomes effective that does not comply with the off-street parking regulations for the use may continue without such parking facilities.

   (b)   In the event an existing building is altered or a use is changed or substituted in accordance with these regulations, then additional off-street parking spaces may be required under the applicable off-street parking standards set forth in Chapter 1149.

(Ord. 2022-24. Passed 5-24-22.)

   A sign, lawfully existing at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a legal nonconforming sign. Legal nonconforming signs shall comply with the applicable regulations set forth in Section 1153.16.

(Ord. 2022-24. Passed 5-24-22.)

   Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.

(Ord. 2022-24. Passed 5-24-22.)

   A nonconforming building, structure, use, or lot shall cease to be considered nonconforming whenever it first comes into compliance with the regulations of the district in which it is located. Upon such compliance, no nonconforming use shall be made, resumed, or reinstated.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the adoption of this Zoning Code or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conforming conditional use.

   (b)   Any change, modification, enlargement or alteration of such use, site development conditions or signs shall only be permitted upon the review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1143.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   Nothing in this Zoning Code shall prohibit the completion of the construction and use of buildings or structures for which a building permit has been issued prior to the effective date of this Zoning Code, or amendments thereto, provided that construction is commenced within ninety days after the issuance of such building permit, that construction is carried on diligently and without interruption and the entire building or structure is completed within two years after the issuance of the building permit.

   (b)   Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

   (c)   Where demolition or removal of an existing building or structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   At the time of application for a building permit or request for a variance under this Zoning Code, or upon the request of the Building Commissioner regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence to verify that such lot, building, structure, or use was lawfully created or established in accordance with the zoning regulations in existence at that time.

   (b)   If the evidence submitted indicates the lot, building, structure or use was legally established and has since become nonconforming because of the establishment of or amendment to this Zoning Code, the Building Commissioner shall issue a building permit evidencing such legal nonconformance. This building permit shall specify the reason why the use, building, structure or lot is nonconforming, and for nonconforming uses shall also include a description of the extent and type of use made of the property in question, the portion of the building, structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming.

(Ord. 2022-24. Passed 5-24-22.)