Within the districts established by this chapter, or amendments that may later be adopted, there are uses, structures and lots that were lawful before this chapter was adopted or amended, but became prohibited under the terms of this chapter or future amendments to this chapter. Such uses, structures and lots are regulated by this article.

15150.1. Burden of Ownership to Establish Legality of Nonconformities. The burden of establishing that any nonconformity is lawfully existing under the provisions of this article shall, in all cases, be upon the owner of the nonconforming property and not upon the City.

15150.2. Authority to Continue. Any nonconforming buildings, structures, platted lots and uses that existed lawfully at the time of adoption of this chapter, which remain nonconforming, and any such building, structure, platted lot or use that has become nonconforming upon adoption of this chapter, or any subsequent amendments thereto, may continue, subject to the provisions of this chapter.

15150.3. Illegal Uses, Buildings and Structures. Uses, buildings and structures that were not lawfully established prior to adoption of this chapter, and remain unlawful after the effective date of this chapter, shall not become legal by virtue of its enactment.

15150.4. Safety Regulations. All police power regulations enacted to promote the public health, safety, comfort, convenience, order and general welfare including, but not limited to, all building, fire and health codes, shall apply to nonconforming buildings and structures.

15200.1. Nonconforming Uses of Land. The lawful use of land existing as of the effective date of this chapter, even though such use does not conform to the provisions hereof, may continue subject to the following provisions:

A.

If there are no buildings or structures upon the property, said use shall be discontinued within two years from the effective date of this chapter, or from the effective date of an amendment to this chapter. Unless the Board of Adjustment grants a variance declaring the use legally nonconforming, it shall be discontinued by said date.

B.

A nonconforming use shall not be expanded or moved, in whole or in part, to any other portion of the lot or parcel on which it is located.

C.

A structure which does not conform to the requirements of this chapter shall not be erected in connection with said nonconforming use of land.

15200.2. Nonconforming Uses of Buildings. If a lawful use, involving individual buildings existing on the effective date of this chapter, or at the effective date of an amendment to this chapter, becomes nonconforming under the terms of this chapter, said use may continue, subject to the following provisions:

A.

Change of Nonconforming Uses. A building use may be changed to another nonconforming use of an equal or a more restrictive classification or to a conforming use. However, the use shall not thereafter be changed to a less restricted use. A building permit is required for any structural alterations.

B.

Effect of Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the building or premises shall thereafter conform to the use regulations of the district.

C.

Expansion of Nonconforming Use. No nonconforming use, except when required by law, shall be enlarged, extended or reconstructed, unless such change is to a use permitted in the district.

D.

Restoration of Destroyed Use. When a structure occupied by a nonconforming use is destroyed by fire, explosion, natural cause or public enemy, by more than 60 percent, said building may be occupied only by a permitted use in the zoning district.

E.

Modernization Permitted. Improvements or remodeling that do not increase the size or intensity of use shall be permitted.

15200.3. Nonconforming Low Intensity Residential Uses. When a lower intensity residential use, lawful on the effective date of this chapter, or at the effective date of adoption of an amendment to this chapter, would not be allowed in a higher intensity district under the terms of this chapter, said use may continue subject to the following provisions:

A.

Structural Alterations. A lower intensity noncomplying use may be changed to another noncomplying use. However, if the intensity of the change in use reaches the intensity of the district in which it is located, under the terms of this chapter, the use shall thereafter comply with the regulations of the district.

B.

Expansion of Noncomplying Lower Intensity Uses. Expansion of lower intensity noncomplying use shall be permitted. However, no expansion shall exceed 50 percent of the existing noncomplying structure. All structural expansions shall adhere to the minimum yard and parking requirements of the district that most appropriately applies to the noncomplying use.

C.

Effect of Discontinuance. If a lower intensity noncomplying use is discontinued, the use shall thereafter be permitted to remain and again function as a noncomplying use, without regard to the period of the discontinuance.

D.

Restoration of Damaged Use. When a lower intensity, noncomplying use is damaged by fire, explosion, natural causes or public enemy, the use may be restored, without regard to the extent of the damage.

Although a structure or building does not conform to the district regulations of this chapter for minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure or its location on the lot, the lawful existence of a structure or building on the effective date of this chapter may continue, subject to the following provisions:

A.

Expansion of Nonconforming Building or Structure Prohibited. No nonconforming building, except when required by law, shall be enlarged, extended, reconstructed or structurally altered, unless the proposed expansion complies with the district regulations.

B.

Nonconforming Side Wall Additions. If an existing building was legally constructed prior to December 9, 1947 with less side yard than is now required, an addition to such building, which constitutes an extension of the side wall, shall be permitted, provided that such addition shall not encroach upon the front yard or rear yard as herein required.

C.

Restoration of Destroyed Building. When a portion of a nonconforming building is destroyed by fire, explosion, natural causes or public enemy by more than 60 percent, said portion shall be restored only if it is done in a manner that conforms with the district regulations.

D.

Relocation. No such building shall be moved for any reason for any distance whatever, unless it hereafter conforms to all provisions of the zoning district in its new location.

E.

Modernization Permitted. Improvements or remodeling that do not increase the size or intensity of use shall be permitted.

Within one year from the time any property is annexed to the City, all nonconforming commercial uses of property abutting residentially zoned property shall be adequately screened from view in accordance with the regulations of Article XI, Landscaping and Screening Regulations.

Nothing in this article shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect on the effective date of this chapter.