This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction. The purpose of this article is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

(Code 1973, § 16.04.010)

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this chapter and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of this chapter, or of any subsequent amendments thereto, may be continued subject to the regulations in this article.

(Code 1973, § 16.04.020)

Except as noted in section 114-216, any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of such section. As requests are received for repairs and alterations, additions and enlargements, changes and expansions, a record shall be kept which lists the nonconforming uses and structures, their present equalized assessed value, and the cost of the work that has been permitted, and the percentage of the structures' total current value the work represents.

(Code 1973, § 16.04.030; Ord. No. 3-94, pt. 2, 2-16-94)

(a)

Building or structure designed or intended for a nonconforming use. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and the use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as provided in this section.

(b)

Building or structure designed or intended for a permitted use. Repairs, alterations, and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided such repairs, alterations, or structural changes conform to the regulations of the district in which such building or structure is located.

(Code 1973, § 16.04.030(a))

A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located, unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

(1)

Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in this chapter.

(2)

The allowable floor area ratio, as provided in this chapter.

(3)

The allowable gross floor area per establishment, as provided in this chapter.

(Code 1973, § 16.04.030(b))

No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

(Code 1973, § 16.04.030(c))

(a)

A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it existed before the occurrence shall exceed 50 percent of the equalized assessed valuation of the building shall not be restored unless such building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.

(b)

If the damage or destruction to a nonconforming building or structure is less than 50 percent of the equalized assessed valuation of the building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion. If the restoration is not started within one year of the calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.

(Code 1973, § 16.04.030(d))

If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located. A limited, intermittent, or periodic use of the premises, or the failure to remove equipment or fixtures, shall not be considered evidence of continuing occupancy.

(Code 1973, § 16.04.030(e))

(a)

Building or structure designed or intended for a nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which such use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.

(b)

Building or structure designed or intended for a permitted use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

(c)

Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

(Code 1973, § 16.04.030(f))

(a)

Building or structure designed or intended for a nonconforming use. The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use if:

(1)

The new use of the building or structure is permitted in a zoning district that would permit the previous use.

(2)

All or substantially all of the building or structure is constructed so as to accommodate the proposed new use.

(3)

The zoning administrator finds that the new use conforms with section 114-216(b)(3)a through g.

(b)

Building or structure designed or intended for a permitted use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

(c)

Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.

(Code 1973, § 16.04.030(g))

(a)

This section is intended to increase the usefulness and improve the viability of certain commercial zoning districts which are in areas of transition by permitting the controlled change, expansion or alteration of existing nonconforming uses in a compatible manner. It is not intended that this section be used to permit the establishment of a new nonconforming use in an area where none now exists.

(b)

After the filing of an appeal and appropriate hearings, as provided in article II, division 3, the board of appeals may permit certain nonconforming uses to be expanded, altered or reconstructed beyond limits imposed elsewhere in this chapter, provided the following conditions have also been met:

(1)

Such nonconforming use must be located in a B-1 neighborhood convenience, B-2 community shopping or B-3 general commercial, B-4 central business or a B-5 central service district.

(2)

The request has been submitted to the city planning, heritage, and design commission for review and recommendation, and the commission has:

a.

Submitted a written report to the board of appeals addressing the points in subsection (b)(3), below.

b.

Determined that the zoning district in which the nonconforming use is located is considered in transition and only of marginal use as a retail area.

c.

Determined that the continued occupancy of the area by the nonconforming use is not in conflict with any existing plan, program or project.

(3)

The board of appeals finds that:

a.

The continued establishment, maintenance or operation of the nonconforming use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.

The nonconforming use will not cause substantial injury to the value of other property in the neighborhood.

c.

The nonconforming use will not impede the normal and orderly development and improvement of the surrounding property for other use.

d.

Adequate utilities, access roads, off-street parking, drainage and other necessary improvements have been or are being provided.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

f.

Continuance of the nonconforming use would be of greater benefit to the area, and general public, than would its termination.

g.

Sufficient conditions and restrictions have been or will be placed upon the location, construction, maintenance and operation of the nonconforming use to assure that all of the above findings are satisfied.

h.

The nonconforming use occupies or will occupy a nonresidential structure.

(Code 1973, § 16.04.040; Ord. No. 0026-19, pt. 57, 11-12-19)