This article shall be known as the nonconforming development regulations. The purposes of these regulations are:

(a)

To allow for reasonable use of legally created lots of record which do not meet current minimum requirements for their respective zoning districts.

(b)

To provide for reasonable use of legally constructed structures which do not meet current site development regulations for their respective zoning districts.

(c)

To allow for the reasonable continuation of legally established uses which do not meet current use regulations for their respective zoning districts.

(d)

To limit the continuation of and provide for the gradual replacement of nonconforming uses.

(Code 1980, § 55-861)

Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.

(Code 1980, § 55-862)

(a)

Preexisting lots of record. Nonconforming lots of record existing at the time of the adoption of this chapter [January 27, 1987] shall be exempt, unless otherwise provided, from the minimum lot area and lot width requirements of each zoning district. Such lots may be developed with any use allowed by the regulations for the district and must comply with all other site development regulations set forth by this chapter.

(b)

Reductions due to public acquisition. If a portion of a legally existing lot in any district is acquired for public use, the remainder of this lot shall be considered a conforming lot.

(Code 1980, § 55-863)

These regulations apply to buildings and structures which were constructed legally under regulations in effect before the effective date of this chapter (March 4, 1987).

(a)

Continuation: A lawful nonconforming structure existing on the effective date of this chapter may be continued, repaired, maintained or altered, subject to the provisions of this section.

(b)

Additions or enlargements.

(1)

A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:

a.

The enlargement or addition, when considered independently of the existing building, complies with any applicable setback, height, off-street parking and landscaping requirements.

b.

The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height, floor area ratio, and off-street parking regulations applicable to its zoning district.

c.

The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50 percent of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverage, floor area ratio, front and rear yard setbacks, and height regulations applicable to its zoning district.

(2)

No permitted addition to a nonconforming structure may place a wall within six feet of a window of an adjacent preexisting residential structure.

(3)

Nonconforming buildings shall be limited to one addition or enlargement pursuant to these regulations.

(c)

Moving. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.

(d)

Repair. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and constructed provided there is no increase in the degree of nonconformity. Repair and reconstruction within the designated floodplain shall be in conformance with floodplain development regulations.

(e)

Change of conforming building. A conforming building shall not be changed in any way that will result in a nonconforming development.

(f)

Applicability of landscaping and screening regulations. A preexisting structure, building or development shall be exempt from article XIII, "Landscaping and Screening". However, any expansion of such structure, building or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this chapter [March 4, 1987], shall be subject to article XIII.

(Code 1980, § 55-864; Ord. No. 38727, § 1, 5-11-10)

(a)

Continuation. Any nonconforming use lawfully existing on the effective date of this chapter [March 4, 1987] may continue, subject to the limitations of this section.

(b)

Enlargement. A building or structure housing a lawful nonconforming use may not be added to or enlarged.

(c)

Abandonment. If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of six months, any subsequent use must conform to all use regulations applicable to the zoning district.

(d)

Change of use.

(1)

A lawful nonconforming use may be changed only to a use type with the same or a lower intensity rating.

(2)

If a lawful nonconforming use is changed to a less intensive use, or to a conforming use, such use shall not be changed to a more intensive use.

(e)

Repair of structure. Repairs and maintenance of a structure occupied by a nonconforming use may be made, provided that no structural alterations are made other than those required by law.

(f)

Damage or destruction of structure. Should a structure occupied by a lawful nonconforming use be damaged to the extent that the cost of restoration exceeds 50 percent of the replacement cost of the structure, the nonconforming use shall no longer be permitted.

(Code 1980, § 55-865; Ord. No. 38770, § 1, 7-20-10)