A.

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

B.

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

C.

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

D.

To limit expansion and encourage gradual conformity of land uses.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

These regulations apply to lots, buildings, structures, and uses that were lawfully established under regulations in effect before the effective date of this zoning ordinance. Regulations for nonconforming uses are in addition to regulations for nonconforming structures. The regulations in this chapter are applied when other standards or exceptions in the zoning ordinance do not permit nonconformities.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Pre-Existing Lots of Record. Nonconforming lots of record existing at the time of the adoption of this zoning ordinance 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 zoning ordinance.

B.

Reductions from Public Acquisition. If a portion of a legally existing lot in any district is acquired for public use, the remainder shall be considered a conforming lot.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

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

B.

Additions or Enlargements to Nonconforming Structures.

1.

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

a.

When considered independently of the existing building, the enlargement or addition complies with all applicable setback, height, off-street parking, and landscaping requirements of this zoning ordinance.

b.

The nonconforming building and impervious surface coverages on the site are not increased, and the building, after the addition, conforms to height 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, and the length of the side wall of the addition is the smaller of twenty-five feet or fifty percent of the length of the existing nonconforming side wall.

2.

No permitted addition to a nonconforming structure may place a wall within ten feet of a window of an adjacent pre-existing residential structure.

3.

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

C.

Moving of Nonconforming Structures. A lawful nonconforming building or structure shall not be moved in whole or 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 of Nonconforming Structures. A lawful nonconforming building damaged by fires, explosions, storms, or other calamities, except flood damages, may be repaired and reconstructed, provided no increase in the degree of nonconformity.

E.

Conversion of a 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 pre-existing structure, building, or development shall be exempt from Chapter 17.08 Landscaping and Screening Standards. However, any expansion of such structure, building, or development or any adjacent new development on property that is or becomes vacant on or after the effective date of this zoning ordinance shall be subject to Chapter 17.08 Landscaping and Screening Standards.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

Any nonconforming use lawfully existing on the effective date of this zoning ordinance may continue, subject to this chapter.

A.

Continuation. Whenever the use of a premise becomes nonconforming through a subsequent change in this Zoning Ordinance or zoning district boundaries, such use may be continued or changed to another nonconforming use of the same or lesser intensity.

B.

Enlargement of Nonconforming Uses. A building or structure housing a lawful nonconforming use shall not be added to or enlarged.

C.

Discontinuance of Nonconforming Uses. Nothing in this zoning ordinance shall prevent the continuance of a nonconforming use as herein authorized unless a discontinuance is necessary for the safety of life or property.

D.

Conditional Use Permits. A lawful pre-existing use that requires a conditional use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Subsection 17.11.040.G Conditional Use Permit.

E.

Residential Uses, Buildings, and Structures. In any zoning district where they are otherwise permitted, a lot, building, or structure for a residential use may be located or reconstructed on a lot which, at the time of passage of this ordinance, is a nonconforming development in terms of lot area, width, yards, lot coverage, or other characteristics of the structure or its location on the lot; provided, however, that the following shall apply:

1.

The sum of the side yard widths of any such lot or plot shall not be less than thirty percent of the width of the lot, but in no case less than ten percent of the width of the lot for any one side yard.

2.

The depth of the rear yard of any such lot need not exceed twenty percent of the depth of the lot, but in no case less than twenty feet.

3.

Notwithstanding the setback requirements set forth above, a residential use on such a lot can be used, maintained, and reconstructed, provided, however, that if the dwelling is destroyed, including purposeful destruction, it shall not be reconstructed unless:

a.

An approved building permit is obtained within six months of such happening and diligently pursued to completion.

b.

The structure meets the requirements set forth in the applicable table in chapter 17.05 Site Development Regulations except for the minimum lot area. However, if setbacks cannot be met according to chapter 17.05, then the dwelling shall be allowed to be built on the original footprint without an increase in the gross floor area.

c.

The structure shall have a minimum width facing the street of the smaller of twenty-four feet or the width of the dwelling before such destruction.

d.

The structure shall have a minimum depth perpendicular to the street of the smaller of twenty feet or the depth of the dwelling before such destruction.

e.

A minimum of fifteen percent of the facade of the building facing the street shall consist of windows, doors, and other building openings.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

If a nonconformity of any building or premises is discontinued or its normal operation stopped for two years, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

An owner of a nonconforming use may apply for a conditional use permit to make the nonconforming use conforming. The criteria for conditional use approval are set out in Subsection 17.11.040.G Conditional Use Permit. The following additional conditions apply to a conditional use application to convert a nonconforming use to a conforming use:

A.

The applicant demonstrates that nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.

B.

There is no material history of complaints about the building, structure, or use (a history of complaints is justification for denying the conditional use permit unless the conditions of the permit will eliminate the sources of the complaints).

C.

There is no history of building code or residential housing code violations of the building, structure, or use (a history of code violations is justification for denying the conditional use permit unless the conditions of the permit will eliminate the code violations).

D.

The building, structure, or use has been maintained in good condition, and its classification as a nonconformity would be a disincentive for such maintenance.

(Ord. No. 1465, § 2(Att.), 9-11-2023)