The purpose of this article is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue. (Ord. 4590, 9-21-1993)

Buildings and structures which do not conform to the bulk regulations of any zoning district or any other provision of this chapter shall be subject to the following regulations:

   A.   Ability To Continue Nonconforming Building Or Structure: Any lawfully established nonconforming building or structure which is devoted to a permitted use in a zoning district may continue to be used for any permitted use.

   B.   Enlargement, Repair, Alterations And Replacement: Any nonconforming building or structure may be enlarged, maintained, repaired or altered, provided that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the extent of the existing nonconformity. However, on lots fifty five feet (55') or less in width, a nonconforming building or structure may be extended within the established setback in a required rear yard or side yard, provided that such nonconformity is no more than fifty percent (50%) of the required setback.

   All existing nonconforming residential single family front yard encroachments may be extended, but not increased.

   Existing nonconforming structures which do not conform to the required building setbacks may be enlarged by creating a second story, provided the existing nonconforming setback for the structure is maintained and the proposed enlargement meets other applicable zoning requirements.

   In residential zoning districts, existing nonconforming driveways, patios and sidewalks may be replaced in the same location without complying with the bulk regulations of this chapter. However, if such driveways, patios, and/or sidewalks are replaced with a different structure, any such replacement structure must meet applicable lot coverage requirements. For instance, a nonconforming patio can be replaced with another patio surface but it cannot be replaced with a driveway, deck, or other structure without meeting lot coverage requirements.

   C.   Damage Or Destruction: In the event that any nonconforming building or structure is damaged or destroyed to the extent of more than fifty percent (50%) of the replacement value of such building or structure, such building or structure shall not be rebuilt or restored unless it conforms to all regulations of the zoning district in which it is located.

   When such building or structure is damaged by any means to less than fifty percent (50%) of replacement value, such building or structure may be reconstructed or repaired, provided that such repair or restoration begins and is pursued to completion within one year of the date of such damage. Any such repair or restoration shall be done in compliance with current building codes. (Ord. 4590, 9-21-1993; amd. Ord. 4678, 10-4-1994; Ord. 5751, 8-4-2009; Ord. 3528, 9-2-2020)

A use in a building, structure, or on vacant land, which is not a permitted use in the zoning district in which the use is located, shall be considered a nonconforming use and subject to the provisions below:

   A.   Ability To Continue Nonconforming Use: Any existing nonconforming use of part or all of a building, structure or nonconforming use of land, may be continued as long as it meets the requirements of this section.

   B.   Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any building or structure that is devoted in whole or in part to a nonconforming use. Any such repair or maintenance shall be done in compliance with current building codes.

   C.   Expansion: A nonconforming use shall not be extended, expanded, enlarged or increased in intensity in any building or structure.

   D.   Relocation: No building or structure that is occupied in whole or in part by a nonconforming use shall be relocated to any other location unless the entire building or structure and the use thereof shall conform to all regulations in the zoning district.

   E.   Change In Use: A nonconforming use of land or of a building or structure shall not be changed to any other use than a use permitted in the zoning district. When such nonconforming use has been changed to a permitted use, the building or structure shall only be used thereafter for a use permitted in the zoning district.

   F.   Discontinuance: When a nonconforming use of part or all of a building or structure, or nonconforming use of land, is discontinued or abandoned for a period of one hundred eighty (180) consecutive days, such use shall not be reestablished or resumed. Any subsequent use of such building, structure or land shall comply with all regulations of the zoning district.

   G.   Damage Or Destruction: In the event that any building or structure which is occupied in whole or in part by a nonconforming use is damaged or destroyed to the extent of more than fifty percent (50%) of replacement value of the building or structure, such building or structure shall not be restored unless such building or structure and the use thereof conform to all the regulations of the zoning district. When such damage or destruction is fifty percent (50%) or less of replacement value of the building or structure immediately prior to such damage, the building or structure may be repaired or reconstructed and used for the same nonconforming purpose, provided such repair of damage is completed within twelve (12) months of the date of the damage or destruction. Any such repair shall be done in compliance with current building codes. (Ord. 4590, 9-21-1993)