The provisions of this chapter shall be known as the nonconforming use regulations of the City. The purpose of these regulations is to control, and allow for renovation, repair and changes for uses which do not conform to the zoning regulations of the City. The provisions of this chapter shall apply to all nonconforming uses. Nonconforming uses shall include:

A.

Nonconforming activity: A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the zoning district. The term also refers to the activity that constitutes the use made of the property.

B.

Dimensional nonconformity: A nonconforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

C.

Nonconforming lot: A lot that does not meet the minimum area requirement of the district in which the lot is located.

(2007 Code)

None of the provisions of the nonconforming use regulations contained in this chapter restrict the authority to require modification or termination of any nonconforming use which has been declared to be a nuisance by the City Council.

(2007 Code)

A nonconforming use which is in existence on the effective date of the zoning ordinance or of any subsequent rezoning or other amendment thereto which makes such use nonconforming may be continued and maintained, as specified in this chapter. No substitution, extension or other change in activities and no alteration or other change in facilities is permitted except as specifically provided in this chapter.

(2007 Code)

A.

Abandonment of use: Whenever a use, which is nonconforming because it is not a permitted activity, discontinues active operation for a continuous period of 12 months, such nonconforming use shall be considered to be abandoned and may not be resumed. The facilities of such a use may be used thereafter, but only for a permitted activity. A use, which is nonconforming because of dimension or lot size, may resume operations regardless of the period during which it may have discontinued active operation.

B.

Damage or destruction of facilities: Whenever a nonconforming facility is damaged or destroyed, the facility may only be restored to accommodate the same nonconforming activity. The restoration must be substantially completed within one year after damage or destruction. If it is not, the nonconforming activity is considered to be abandoned and cannot be restored except for use as a permitted activity, unless an extension is granted by the City Council upon a showing of good cause.

C.

Repairs, alterations and expansions of facilities: Facilities for a use which is nonconforming because the activity is not itself permitted where it is located may be repaired, altered and expanded; provided, no structural alterations or expansions, except those required by law, shall be made to a facility used for a nonconforming activity if such alterations result in an increase in the total amount of space devoted to the nonconforming activity.

D.

Substitutions: Substitutions are allowed with permission of the City Council. A substitution is the replacement of an existing nonconforming activity by a new nonconforming activity, or a change in the nature of an existing nonconforming activity. It does not include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

E.

Change to permitted activity or activity not requiring conditional use permit: Any nonconforming activity may be replaced by an activity permitted in the zoning district. If a nonconforming activity is replaced by a conforming activity, the nonconforming activity shall not be resumed.

(2007 Code)

A.

Dimensional nonconformities:

1.

Whenever a nonconforming facility is replaced, damaged or destroyed, the facility may be restored complying with the original footprint of the nonconforming portion of the structure but in a manner which would not increase the preexisting degree of nonconformity. If the preexisting nonconforming portion of the structure is included in any modification to the facility and if this portion of the structure includes overhangs, eaves lines or rooflines, these overhanging features shall be modified to eliminate the nonconformity to the extent possible.

2.

Any portion of a nonconforming facility which is changed to conform to the regulations of the zoning district where located shall not be changed back to a nonconforming portion.

B.

Lot nonconformities: Whenever a structure that is otherwise conforming, except that the lot upon which it is located is nonconforming, is damaged or destroyed, then the structure may be repaired or rebuilt as set forth above.

C.

Nonconforming as to dimension and lot: Any nonconforming facility used for a permitted activity may be repaired, altered or expanded subject to the following provisions:

1.

No structural alterations or expansions, except those required by law, shall be made to the nonconforming portion of any facility.

2.

Such repairs or alterations shall not result in a greater degree of nonconformity.

(2007 Code)