Building and structures may be erected and land may be used for purposes which are clearly incidental to and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, traffic, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof and shall be on the premises of the main use.

The following uses shall be permitted as accessory to main uses permitted in this Title.

No building, structure or premises shall be used for or occupied by any of the following uses:

Unless otherwise specifically provided in this Title and subject to the restrictions and qualifications set forth in Sections 420.150 through 420.210, non-conforming situations that were otherwise lawful on the effective date of this Article may be continued.

Non-conforming projects may be completed only in accordance with the provisions of Section 420.210.

The burden shall be on the landowner or developer to establish entitlement to continuation of non-conforming situations or completion of non-conforming projects.

This Section applies only to undeveloped non-conforming lots. A lot is undeveloped if it has no substantial structures upon it. For purposes of this Section, a "substantial structure" shall include any structure in excess of six hundred (600) square feet in floor area which was constructed for a use which was a principal use permitted in the zoning district at the time of construction. A change in use of a developed non-conforming lot may be accomplished only in accordance with Section 420.180.

When a non-conforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the applicable requirements to that zoning district, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size for a particular district is permissible on a non-conforming lot.

When the use proposed for a non-conforming lot is one that is conforming in all other respects but the applicable setback requirements cannot be complied with, then the Board of Zoning Appeals (in the case of a conventional zoning district) or the Planning Commission (in the case of a planned zoning district) may allow deviations from the applicable setback requirements if it finds that:

For purposes of Subsection (C), development in compliance with the applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the non-conforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

Subject to the following sentence, if, on the date this Article becomes effective, an undeveloped non-conforming lot adjoins and has continuous frontage with one (1) or more other undeveloped lots under the same ownership, then neither the owner of the non-conforming lot nor his or her successors in interest may take advantage of the provisions of this Section. This Subsection shall not apply to a non-conforming lot if a majority of the developed lots located on either side of the street where such lot is located and within five hundred (500) feet of such lot are also non-conforming. The intent of this Subsection is to require non-conforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the neighborhood that has previously been developed.

Except as specifically provided in this Section, no person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

Subject to Subsection (D), a non-conforming use may be extended throughout any portion of a completed building that, when the use was made non-conforming by this Article, was manifestly designed or arranged to accommodate such use. However, except as otherwise provided in Section 420.210, a non-conforming use may not be extended to additional buildings or to land outside the original building.

Except as otherwise provided in Section 420.210, a non-conforming use of open land may not be extended to cover more land than was occupied by that use when it became non-conforming; provided however, that a use that involves the removal of natural materials from the land may be expanded to other portions of the lot where the use was established at the time it became non-conforming if ten percent (10%) or more of the earth products had already been removed on the effective date of this Article and where the development and performance standards otherwise applicable to such a use are complied with.

The volume, intensity or frequency of use of property where a non-conforming situation exists may be increased and the equipment or processes used at a location where a non-conforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this Section occur.

Notwithstanding Subsection (A), any structure used as a one-family dwelling and maintained as a non-conforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new non-conformities or increase the extent of the existing non-conformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in Section 420.200.

Minor repairs to and routine maintenance of structures where non-conforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than fifty percent (50%) of the fair market value of the structure to be renovated, shall not be permitted.

If a structure located on a lot where a non-conforming situation exists is damaged by fire, explosion, act of God or the public enemy to an extent that the costs of repair or restoration would not exceed fifty percent (50%) of its fair market value, then the damaged structure may be repaired or restored only in accordance with a non-conforming situation permit issued by the Public Works Director pursuant to this Section. This Subsection does not apply to structures used for one-family dwellings, which structures may be reconstructed pursuant to a building permit just as they may be enlarged or replaced as provided by Subsection (E) of Section 420.160, except as otherwise provided in Chapter 460.

Any repairs, renovation or restoration of a structure pursuant to this Section which would require the issuance of any permit shall also require the issuance of a non-conforming situation permit by the Public Works Director. In support of the application for such permit, the applicant shall submit such information as may be required to satisfy the Public Works Director that the cost of the proposed repairs, renovation or restoration would not exceed fifty percent (50%) of the fair market value of the structure.

For purposes of this Chapter:

A change in use of property (where a non-conforming situation exists) may not be made except in accordance with Subsections (B) through (E) of this Section. However, this requirement shall not apply if only a sign permit is needed.

If the intended change in use is to a principal use that is permissible in the district where the property is located and all of the other requirements of this Title applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot.

Once conformity with this Title is achieved, the property may not revert to its non-conforming status.

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this Article applicable to that use cannot reasonably be complied with, then the change is permissible only if the Planning Commission issues a non-conforming situation permit authorizing the change. This permit may be issued if the Planning Commission finds, in addition to any other findings that may be required by this Title, that the intended change will not result in a violation of Section 420.160 and that all of the applicable requirements of this Title will be complied with that are reasonably possible. Compliance with a requirement of this Title is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the non-conforming situation is maintained or without moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. Further, in no case may an applicant be given permission pursuant to this Subsection to construct a building or add to an existing building if additional non-conformities would thereby be created.

In making a determination under Subsection (C), whenever:

A non-conforming use of land for outdoor storage may not be continued.

On lots with non-conforming site improvements, no additions to or repairs or renovations of any structure or site improvement may be made without first either bringing the non-conforming site improvements into complete conformity with the regulations applicable to the zoning district in which the lot is located or obtaining a non-conforming situation permit pursuant to this Section. Provided however, that this Section shall not apply to the following circumstances:

For purposes of this Section, "minor repairs or renovation" shall mean repairs or renovation costs which do not exceed ten percent (10%) of the structural value of a structure or site improvement.

When an addition to or repairs or renovation of any structure or site improvement is proposed on a lot with a non-conforming site improvement(s), the Board of Zoning Appeals (in the case of a conventional zoning district) or the Planning Commission (in the case of a planned zoning district) may approve a non-conforming situation permit allowing such addition or repairs or renovation if it finds that:

For purposes of Subsection (C), mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements is not reasonably possible.

When a non-conforming use is discontinued for a consecutive period of one hundred eighty (180) days or discontinued for any period of time without a present intention to reinstate the non-conforming use, the property involved may thereafter be used only for conforming purposes.

If the principal activity on property where a non-conforming situation other than a non-conforming use exists is discontinued for a consecutive period of one hundred eighty (180) days or discontinued for any period of time without a present intention of resuming that activity, then the property may thereafter be used only in conformity with all of the regulations applicable to the pre-existing use unless the Board of Zoning Appeals (in the case of a conventional zoning district) or the Planning Commission (in the case of a planned zoning district) issues a permit to allow the property to be used for this purpose without correcting the non-conforming situations. Such permit may be issued if the permit-issuing authority finds that eliminating a particular non-conformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the non-conforming situation is maintained or without moving a substantial structure that is on a permanent foundation). The permit shall specify which non-conformities need not be corrected.

For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this Section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in a non-conforming apartment building for one hundred eighty (180) days shall not result in a loss of the right to rent the apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain it thereafter.

When a structure or operation made non-conforming by this Article is vacant or discontinued on the effective date of this Article, the one hundred eighty (180) day period for purposes of this Section begins to run on the effective date of this Article.

All non-conforming projects on which construction was begun at least one hundred eighty (180) days before the effective date of this Article as well as all non-conforming projects that are at least ten percent (10%) completed in terms of the total expected cost of the project on the effective date of this Article may be completed in accordance with the terms of their permits, so long as those permits were validly issued and remain unrevoked and unexpired and a vested rights permit is obtained from the Director of Public Works. If a development is designed to be completed in stages, this Subsection shall apply only to the particular phase under construction.

Except as provided in Subsection (A), all work on any non-conforming projects shall cease on the effective date of this Article and all permits previously issued for work on non-conforming projects may begin or may be continued only pursuant to a vested rights permit issued in accordance with this Section by the Planning Commission. The Planning Commission shall approve such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the development regulations as they existed before the effective date of this Article and thereby would be unreasonably prejudiced if not allowed to complete its project as proposed. In considering whether these findings may be made, the Planning Commission shall be guided by the following, as well as other relevant considerations:

When it appears from the developer's plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under Subsection (B). In addition to the matters and subject to the guidelines set forth in Subdivisions (1) through (6) of Subsection (B), the permit-issuing authority shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a non-conforming project, consider the following in addition to other relevant factors:

The Planning Commission shall not consider any application for a vested rights permit authorized by Subsection (B) that is submitted more than sixty (60) days after the effective date of this Article. The Planning Commission may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year from the effective date of this Article.

The Planning Commission shall establish expedited procedures for hearing applications for permits under this Section.

Notwithstanding the provisions of Subsections (A) and (B) above, development rights for a single-family residential development shall vest upon the recording of a plat of such land. If construction is not commenced on such land within five (5) years of recording a plat, then the development rights in the project shall expire.

Subject to the provisions of this Section and Section 420.200, non-conforming signs that were otherwise lawful on the effective date of this Article may be continued.

No person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming sign. Without limiting the generality of the foregoing, no non-conforming sign may be enlarged or altered in such a manner as to aggravate the non-conforming condition, nor may illumination be added to any non-conforming sign.

A non-conforming sign may not be moved or replaced and the message may not be changed, except to bring the sign into complete conformity with this Article, and except for "sign maintenance" as defined in Section 430.020. In conducting "sign maintenance" to a non-conforming sign, a new sign permit is required.

Non-conforming signs may be maintained and repaired so long as the cost of such work within any twelve-month period does not exceed fifty percent (50%) of the fair market value of such sign. No such work shall be done without the person proposing to do such work submitting information reasonably required by the City to establish the cost of the work and the value of the sign.

If a non-conforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered, or conducted, that sign shall be deemed abandoned and shall be removed (including support structure) by the sign owner, owner of the property where the sign is located or other person having control over such sign within thirty (30) days after such abandonment.

If a non-conforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this Article or be removed by the sign owner, owner of the property where the sign is located or other person having control over such sign. For purposes of this Section a sign is "blank" if:

Subject to the remaining restrictions of this Section, non-conforming utility structures that were in existence on the effective date of this Article may be continued provided documentation outlining the size and location of the structures has been provided by the City prior to May 1, 2006.

Subject to the other provisions of this Section, non-conforming utility structures may be maintained, repaired or replaced. A non-conforming utility structure may be altered or replaced with an alternate structure in the same location, provided the resulting structure does not increase the size of the pre-existing structure by more than twenty percent (20%) in volume and, further provided, that no new non-conforming situations are created.

Non-conforming utility structures may not be moved, except to bring the structure into complete conformity with this Article.