Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this chapter may be continued although such use or building does not conform to the provisions hereof. Except as provided in this article, such existing nonconforming use or building may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this chapter. However, nothing in this article shall be deemed to prevent the repair, strengthening or restoring to a safe condition any part of a building or structure in accord with applicable city codes.

(Ord. No. 88-35, 11-1-88)

Where a lot of record at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located, said lot may nevertheless be approved for use by the zoning administrator for any use permitted within the district in which it is located, provided all other dimensional requirements of this chapter shall be met. Any required variance shall be submitted to the zoning board of appeals.

(Ord. No. 88-35, 11-1-88)

If a change from one nonconforming use to another is proposed and no structural alterations are involved, the change may be permitted, provided:

(1)

The total amount of nonconforming space shall not be increased;

(2)

Greater nonconformity of dimensional restrictions such as height, density, setbacks, or other requirements such as off-street parking shall not be increased; and

(3)

The proposed use will have less of an adverse impact and will be more compatible with surrounding property than the current or previous nonconforming use.

If a change in use to a use nonconforming only as to dimensional restrictions such as height, density, setbacks, or other requirements such as off-street parking is proposed, the change may be permitted, provided all applicable requirements that can reasonably be complied with will be met. Compliance with a requirement is not reasonably possible if it cannot be achieved without adding land to the lot of the nonconforming use or moving the use if it 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. And in no case may an applicant be given permission pursuant to this section to create greater nonconformities.

Whenever a nonconforming use of land or building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted or nonconforming use.

(Ord. No. 88-35, 11-1-88)

(1)

A nonconforming building, structure or use shall not be reestablished, reoccupied or replaced with the same or similar building, structure or use after physical removal or relocation from its specific site location at the time of passage of this chapter.

(2)

A nonconforming building or structure shall not be repaired, rebuilt, or altered after deterioration and/or damage exceeding seventy-five (75) percent of its replacement cost except in conformity with the provisions of this chapter.

(3)

A nonconforming use shall not be reestablished after deterioration and/or damage to the building or structure exceeding seventy-five (75) percent of its replacement cost.

(4)

The provisions of subsections 23-133(2) and (3) shall not apply to the reconstruction, repair, or reestablishment of the following:

(a)

Single-family structure used as single-family dwelling, including single-family structures and patio homes.

(b)

A multifamily structure within a group development of two (2) or more multifamily structures where seventy-five (75) percent of the total group development has not been damaged.

(c)

A structure containing townhouse dwellings within a group development of two (2) or more such structures where seventy-five (75) percent of the total group development has not been damaged.

(d)

A structure containing a commercial use within a commercial center or when there are multiple commercial buildings on the property where seventy-five (75) percent of the total area of all principal buildings has not been damaged.

Such structures may be repaired, rebuilt, altered or reestablished provided there is not an increase in the amount of land occupied by the structure, the height of the structure is not increased, the density is not increased, and other nonconformities are not created.

(Ord. No. 88-35, 11-1-88; Ord. No. 94-30, §§ 1—4, 10-3-94; Ord. No. 11-33, § 1, 8-22-11)

The nonconforming use of a building may be hereafter extended throughout those parts of a building which were primarily arranged or designed for such use at the time of the enactment of this chapter and nonconforming single-family residences may expand floor area subject to the development standards of the district in which they are located.

(Ord. No. 88-35, 11-1-88; Ord. No. 92-48, § 1, 10-5-92)

(1)

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any nonconforming use or building. In particular, physical alteration of structures or the placement of new structures is unlawful if such results in:

(a)

An increase in the total amount of space devoted to a nonconforming use, except as provided in section 23-134; or

(b)

Greater nonconformity with respect to dimensional restrictions such as setback, height, density, or other requirements such as parking requirements.

(2)

Subject to the restrictions of subsection 23-135(1), physical alterations of existing structures or the placement of new structures shall be allowed pursuant to the following:

(a)

Expansions, alterations, or new construction resulting in an increase of less than twenty (20) percent of the total existing gross floor area.

(b)

Expansions, alterations, or new construction resulting in an increase of twenty (20) percent or greater in the total existing gross floor area, provided all applicable site requirements of this chapter are compiled with.*

(c)

In order to protect the intent of this chapter, it shall be unlawful to issue a permit for the expansion of a nonconforming structure that has previously expanded up to twenty (20) percent in gross floor area under the terms of this chapter, unless the requirements of subsection 23-135(2)(b) are complied with.

(Ord. No. 88-35, 11-1-88; Ord. No. 90-20, § 1, 6-18-90)

Note— *Site requirements as used in section 23-135(2)(b) are defined as parking, landscaping and signage. For the purpose of allowing development flexibility for expansions to existing buildings, the following shall be allowed:
(1) The landscaped areas may be calculated and applied anywhere on the site by use of the following formula:
Floor area of expansion Total square footage of Required square
——× required landscaping = footage of land-
Floor area of existing structure  scaping
(2) Existing unpaved parking spaces located seaward of the building control line may be allowed to remain unpaved and count as required parking.

With the exception of residential uses, no nonconforming land use shall be reused except in conformity with applicable district regulations if discontinued or allowed to remain idle for a period of six (6) months. Extensions may be granted on appeal to the zoning board of appeals.

(Ord. No. 88-35, 11-1-88)

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use.

(Ord. No. 88-35, 11-1-88)

No permits for additional signs shall be issued for any premise on which there is any nonconforming sign.

(Ord. No. 88-35, 11-1-88; Ord. No. 91-16, § 1, 4-15-91)