This article regulates uses and structures that do not conform to the regulations of this chapter and specifies the terms and conditions under which such nonconforming uses and structures lawfully existing upon the adoption of this chapter may be permitted to continue. The continuation of nonconforming uses and structures can substantially and adversely impact the orderly development of the city, property values, and the community's character. Accordingly, imposing reasonable conditions on the existence and continued operation of nonconforming uses and structures is necessary.

(Ord. No. 20-47, § 3(Exh. A), 11-10-2020)

(a)

Continuance of use. Any use of land lawfully existing upon the adoption of this chapter or any amendment hereto can continue, provided that:

(1)

If the use is located in a principal building or structure, the use may be continued during the remainder of the building or structure's normal life or until the building or structure has deteriorated to the extent that it is no longer safe or habitable; or

(2)

If the use does not involve a principal building or structure, it may be continued as long as no new principal or accessory building or structure is erected.

(b)

Compliance with codes. The continuance of all nonconforming uses shall be subject to compliance with the regulations of this chapter.

(c)

Unlawful uses prohibited. No use that was not lawfully existing at the time of the adoption of this chapter or any amendment hereto shall become or be made lawful solely by the adoption of this chapter or its amendment.

(Ord. No. 20-47, § 3(Exh. A), 11-10-2020)

(1)

Authority to continue. Any nonconforming structure that is devoted to a use that is permitted in the zoning district in which it is located may be maintained and fully replaced so long as the structure remains otherwise lawful. No change to any nonconforming structure or building shall be authorized, including, without limitation, any structural alteration, improvement, enlargement, or restoration of such structure or building, that would create any new bulk regulation nonconformity or increase the degree of any existing bulk regulation nonconformity.

(2)

Repair, maintenance, alterations, and enlargement. Any nonconforming structure may be repaired, maintained, altered, or enlarged; provided that no such repair, maintenance, alteration, or enlargement shall either create any new bulk regulation nonconformity or increase the degree of the existing bulk regulation nonconformity of all or any part of such structure. Any enlargement of the structure must otherwise conform with all provisions of this chapter.

(3)

Moving. No nonconforming structure shall be moved in whole or in part unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being so moved.

(4)

Damage or destruction.

a.

For residential uses, any nonconforming structure that is damaged or destroyed to any extent, may be repaired or restored to its original condition. Notwithstanding the foregoing, all such repairs and restorations shall be in strict conformity with the regulations of the zoning district in which the property is located unless a building permit is fully applied for within six months after the date of such damage or destruction and restoration is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion within a maximum of two years from the time restoration is initiated.

b.

For non-residential uses, any nonconforming structure that is damage or destroyed to any extent shall be rebuilt in compliance with all provisions of this chapter.

(Ord. No. 20-47, § 3(Exh. A), 11-10-2020)

(a)

(1)

Nothing in this article shall prevent reconstructing, repairing, or rebuilding a structure containing a nonconforming use rendered necessary by wear, tear, or deterioration provided that the cost of such work shall not exceed 50 percent percent of the replacement cost of such structure at the time such work is completed, as determined by the zoning administrator.

(2)

If a structure containing a nonconforming use is damaged by fire, collapse, explosion, or other casualty or act of god to the extent that the cost of restoring the structure to its condition immediately preceding the occurrence exceeds 50 percent percent of the replacement cost of the building or structure at the time immediately preceding the occurrence, as determined by the zoning administrator, the nonconforming use must cease and any reconstruction, construction, rebuilding, repairs, and use must comply with all City Codes, ordinances, rules, and regulations as if it were a new use, as amended, including the use regulations of the zoning district in which the structure is located.

(3)

If damage to a structure is 50 percent or less of the cost of replacing the structure to its condition immediately preceding the occurrence causing the damage, as determined by the zoning administrator, the nonconforming use shall not be reestablished if the nonconforming use is discontinued for one year or longer.

(b)

Expansion of legal nonconforming use.

(1)

A nonconforming use shall not be expanded or extended into any portion of the building, structure, or lot that was not occupied by the nonconforming use when this chapter was adopted.

(c)

Discontinuance of legal nonconforming use.

(1)

If a nonconforming use is discontinued for a period of one year or longer, it shall not be reestablished and any subsequent use of the building, structure, or lot shall conform to the use regulations of the zoning district in which such building, structure, or lot is located.

(d)

Change of legal nonconforming uses.

(1)

A nonconforming use may be changed to a new use only if the new use conforms to the use regulations of the zoning district in which the building, structure, or lot is located.

(e)

Relocation.

(1)

No building or structure containing a nonconforming use shall be moved in whole or in part to any other location on the same or any other lot unless the use conforms to the use regulations of the zoning district in which the building or structure is to be located.

(Ord. No. 20-47, § 3(Exh. A), 11-10-2020)