The intent and purpose of this article is to recognize the fact that certain structures or uses were established prior to the effective date of the ordinance from which this chapter is derived that would not be permitted by this chapter. This section defines these and sets up regulations as to how these particular situations may be continued, altered, or expanded. The continued existence of certain nonconformities is frequently inconsistent with the city's comprehensive plan and thus the gradual elimination of such nonconformities is often desirable. Other nonconformities may continue to exist and afford adaptive reuse opportunities that can contribute to neighborhood character, diversity, and services.

(Code 1977, § 17.36.010; Ord. No. 06-04, 2006)

(a)

Nonconforming use. Any lawfully established use of a building, structure, or land in existence at the effective date of the ordinance from which this chapter is derived, or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued except as provided herein.

(b)

Nonconforming structure. Any lawfully established building or other structure in existence at the effective date of the ordinance from which this chapter is derived or amendments thereto, that does not conform to the height, bulk, area, setback, or other regulations for the district in which it is located shall be deemed to be a nonconforming structure and may continue to be used or occupied, except as otherwise provided herein.

(c)

Nonconforming projects. Any building or structure for which a permit has been lawfully granted prior to the effective date of the ordinance from which this chapter is derived, or of amendments thereto, may be completed in accordance with the approved plans provided construction is started within six months and diligently pursued to completion. Such building, structure, or use shall, thereafter, be a nonconforming use and/or structure may be continued except as otherwise provided herein.

(d)

Nonconforming signs. Subject to the limitations and termination provisions hereinafter set forth, any lawful existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date of the ordinance from which this chapter is derived. No nonconforming sign shall be:

(1)

Changed or altered in any manner which would increase the degree of its nonconformity;

(2)

Expanded;

(3)

Changed or altered to prolong its useful life;

(4)

Moved in whole or in part to any other location where it would remain nonconforming.

(e)

Exceptions. The following exceptions to the regulations of this section are established: Where joint driveways and joint garages were in existence prior to July 15, 1963, it shall be permissible to repair, reconstruct or enlarge joint garages and it is not necessary to conform to the provisions governing internal lot lines.

(Code 1977, § 17.36.020; Ord. No. 06-04, 2006)

(a)

Abandonment of buildings. Whenever a nonconforming use of a building, structure, or part thereof has been discontinued for a period of nine consecutive months or whenever there is evident a clear intent on the part of an owner to abandon a nonconforming use, such use, after being so discontinued or abandoned, shall not be re-established except in conformity with the regulations of the district in which it is located.

(b)

Abandonment of land. Whenever a nonconforming use of land has been discontinued for a period of nine months it shall be considered as an abandoned use and shall not be re-established except in conformity with the regulations of the district in which the land is located.

(c)

Abandonment of signs. Whenever a nonconforming sign has been discontinued for a period of nine months, regardless of intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be re-established. Any period of such discontinuance caused by government actions, strikes, material shortages, or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this section.

(Code 1977, § 17.36.030; Ord. No. 06-04, 2006)

(a)

Change to same or less restricted use. A nonconforming use of any building, structure, or part thereof may be changed to a use of the same or of a more restricted character but may not be changed to any less restricted use.

(b)

Reversion to a nonconforming use. Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to, or replaced by, a conforming use, such premises shall not thereafter be used or occupied by any nonconforming use, unless a certificate of nonconformity is obtained in accordance with section 62-244.

(Code 1977, § 17.36.040; Ord. No. 06-04, 2006)

(a)

Time period established. The period of time during which the following nonconforming situations may continue or remain shall be limited to three years from the effective date of the ordinance from which this chapter is derived, or of any amendment thereto, which causes them to become nonconforming:

(1)

Any nonconforming building or structure having an assessed valuation not in excess of $500.00 on the effective date of the ordinance from which this chapter is derived.

(2)

Any nonconforming use of land where no enclosed buildings are involved, or where the only buildings employed are accessory or incidental to such use.

(b)

Correction or removal required. The nonconforming situations in subsection (a) of this section shall be altered so as to become conforming or shall be completely removed from the premises at the expiration of the three-year period and after proper notification by the zoning administrator.

(Code 1977, § 17.36.050; Ord. No. 06-04, 2006)

(a)

Rebuilding regulated. If a building or other structure containing a nonconforming use or if a nonconforming structure or any nonconforming sign, billboard, or other outdoor advertising structure is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at the time, the building or structure may be rebuilt or used thereafter only for a conforming use and only in compliance with all other requirements for the district in which it is located.

(b)

Repair permitted. If a building or other structure containing a nonconforming use or if a nonconforming structure is damaged by any means to an extent less than 50 percent of its replacement value at that time, it may be repaired and the previous use may be continued. However, no parking, yard, space, or bulk nonconformity shall be created or increased.

(c)

Prompt repair required. Repair of a damaged building or other structure as permitted in subsection (b) of this section, must be started within a period of one year from the occurrence of the damage and diligently prosecuted to completion.

(Code 1977, § 17.36.060; Ord. No. 06-04, 2006)

(a)

Extension of a nonconforming structure. A nonconforming structure may be extended or enlarged in any manner that is in conformity with the regulations established for the district in which it is located provided that this extension or enlargement does not increase or intensify the original nonconforming situation.

(b)

Expansion of a nonconforming use. A building occupied by a nonconforming use may be extended, enlarged, or added to, or additional buildings may be constructed on the same or adjacent property provided that this construction does not result in either creating a nonconforming structure increasing or intensifying an original nonconforming structure and provided that, the building area occupied by the nonconforming use shall not exceed by more than 50 percent the building's area in such nonconforming use at the effective date of the ordinance from which this chapter is derived or of pertinent amendments thereto. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed.

(c)

Approval of additions or enlargements. Approval of additions or enlargements as provided in section 62-241(b) and subsection (a) of this section, shall be in accordance with the procedures set forth in section 62-360.

(Code 1977, § 17.36.070; Ord. No. 06-04, 2006)

No nonconforming structure, structure containing a nonconforming use or nonconforming use of land shall 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 nonconforming structure, structure containing a nonconforming use, or nonconforming use of land shall conform to all regulations of the zoning district in which the structure or use is located.

(Code 1977, § 17.36.080; Ord. No. 06-04, 2006)

(a)

The establishment or reestablishment of a use that is of the same or less intensity than the abandoned previous use in a structure not designed for a permitted use may be allowed if it meets certain standards. The following shall be used to determine the intensity of a use:

(1)

Floor area;

(2)

Hours of operation;

(3)

Volume and type of sales;

(4)

Type of processing activity;

(5)

Nature and location of storage;

(6)

Transportation requirements by volume, type, and characteristics;

(7)

Parking and loading requirements;

(8)

Noise, smoke, odor, glare, vibration, radiation, and fumes.

(b)

A certificate of nonconformity shall be required for any new nonconforming use. The planning and zoning board shall consider the following when recommending a certificate of nonconformity:

(1)

The building is a designated building of historic value.

(2)

The condition and/or economic life of the building or structure.

(3)

The building conforms to the scale of the neighborhood.

(4)

The potential use of the building for neighborhood service uses.

(5)

The potential for employment opportunities in the neighborhood.

The owner of any new nonconformity may apply to the zoning administrator for a certificate of nonconformity to establish the legality of a nonconformity as of a specified date. The application for a certificate of nonconformity shall be accompanied by drawings of the site (if requested by the zoning administrator), drawn to accurate dimensions showing property line dimensions; existing grade elevations and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of section 62-107. Approval of a certificate of nonconformity shall be in accordance with the procedures set in section 62-360.

(Code 1977, § 17.36.090; Ord. No. 06-04, 2006)