(a)

Purpose and scope of regulations. This article regulates the continued existence of:

(1)

Uses established prior to April 28, 2000, that do not conform to the use regulations of this chapter in the zoning districts in which such uses are located. Such uses are hereafter referred to as nonconforming uses; and

(2)

Buildings and structures constructed prior to April 28, 2000, that do not comply with the applicable property development standards of this chapter in the zoning districts in which such buildings or structures are located. Such structures are hereafter referred to as noncomplying structures.

(b)

Authority to continue.

(1)

Continuation of nonconforming use. A nonconforming use that lawfully occupies a structure or a vacant site on April 27, 2000, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this section.

(2)

Continuation of noncomplying structures. A noncomplying structure that lawfully occupies a land site on April 27, 2000, that does not conform with the standards for front setbacks, side setbacks, rear setbacks, height, screening, floor area of structures, driveways or open space for the district in which the structure is located, may be used and maintained subject to the standards and limitations in this section.

(3)

Amortization of nonconforming uses and/or noncomplying structures. A nonconforming use and/or noncomplying structure may be amortized by the city based on the following provisions:

a.

The city provides adequate written notice to the owner of the impending amortization;

b.

The city also provides sufficient time for the owner to procure an appropriate place to relocate;

c.

The city offers just compensation for the value of the property, the costs associated with moving the use, and the loss of revenue due to the discontinuance of the use.

(c)

Ordinary repair and maintenance. Normal maintenance and incidental repair may be performed on a complying structure which contains a nonconforming use or on a noncomplying structure. This section shall not be construed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the chief building official who declares a structure to be unsafe and orders its restoration to a safe condition.

(Ord. No. 2008-021, § 2(25-86), 10-13-2008)

(a)

When abandoned. A nonconforming use of land or of a structure in a district that is discontinued or remains vacant for a continuous period of one year shall be presumed to be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the structure or land site must conform with the regulations for the district in which it is located.

(b)

Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the chief building official, that during such period the owner of the land or structure has been:

(1)

Maintaining the land and structure in accordance with the building code and did not intend to discontinue the use;

(2)

Actively and continuously marketing the land or structure for sale or lease; or

(3)

Engaged in other activities that would affirmatively prove there was not intent to abandon.

(c)

Calculation of period of abandonment. Any period of such discontinuance caused by government actions, fire or natural calamities, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance pursuant to this section.

(Ord. No. 2008-021, § 2(25-87), 10-13-2008)

No nonconforming use may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except in the manner provided in this section.

(1)

Enlargement. A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or land site, that it did not occupy on the effective date of the zoning ordinance, or any amendment thereto, from which the provision was derived. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension.

(2)

Exterior or interior remodeling or improvements to structure. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed provided there is no expansion of the nonconforming use.

(3)

Relocation of structure. A structure containing a nonconforming use may not be moved unless the use shall conform to the regulations of the zoning district into which the structure is moved.

(4)

Change of nonconforming nonresidential use to another nonconforming use. Upon application to the chief building official, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of the same or similar type, but of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.

(5)

Destruction of structure with nonconforming use. If a structure that contains a nonconforming use is destroyed to the extent of 50 percent or more by fire or natural calamity or is voluntarily razed or is required by law to be razed, the nonconforming use shall not be resumed, and the structure shall not be restored. The determination of the extent of damage or destruction under this section shall be based on the ratio of the estimated cost of restoring the structure to its condition before the damage or destruction to the estimated cost of duplicating the entire structure as it existed prior to the damage or destruction.

(Ord. No. 2008-021, § 2(25-88), 10-13-2008)

(a)

Generally. No noncomplying structure may be moved, enlarged or altered, except in the manner provided in this section or unless required by law.

(b)

Repair, maintenance, alterations and enlargement. Any noncomplying structure may be repaired, maintained, altered or enlarged; provided, however, that no such repair, maintenance, alteration or enlargement shall either create any new noncompliance or increase the degree of the existing noncompliance of all or any part of such structure.

(c)

Moving. A noncomplying structure shall not be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(d)

Damage or partial destruction of noncomplying structure. If a noncomplying structure is damaged or destroyed by fire or natural calamity to the extent of 75 percent or less, the structure may be restored if restoration is started within six months and diligently pursued to completion. The city may require a cash deposit, bond or other guarantee of performance to ensure diligent progress and completion of the restoration. Any delay in starting such restoration that is caused by government actions or natural calamities, and without contributing fault by the owner, shall be deducted in calculating the starting date of restoration.

(Ord. No. 2008-021, § 2(25-89), 10-13-2008)

The continued existence of nonconforming accessory uses and noncomplying accessory structures shall be subject to the provisions governing principal nonconforming uses and noncomplying structures set forth in sections 42-316 through 42-318.

(Ord. No. 2008-021, § 2(25-90), 10-13-2008)

The burden of establishing that a nonconforming use or noncomplying structure lawfully exists under this chapter shall, in all cases, be the owner's burden and not the city's.

(Ord. No. 2008-021, § 2(25-91), 10-13-2008)