(a)

Authority to continue. Any structure, use, lot, site element, or sign that legally existed as a nonconformity as of the effective date of this code, and any legally existing structure, use, lot, site element, or sign that has been made nonconforming after the effective date of this code, and any subsequent amendments, may continue subject to the provisions of this article so long as it remains otherwise legal. A structure, use, lot, site element, or sign that is illegal as of the effective date of this code, remains illegal if it does not conform with every requirement of this code.

(b)

Burden on property owner. The burden of establishing the legality of a nonconformity under the provisions of this code is the responsibility of the property owner of the nonconforming structure, lot, site element, or sign, and the operator of the use.

(c)

Safety regulations. All police power regulations enacted to promote public health, safety, and welfare including, but not limited to, all building, fire, and health codes apply to nonconformities.

(Ord. No. 9301A, 9-26-18)

(a)

Definition. A nonconforming use is the use of a structure or land that at one time was an allowed use within a zoning district but because of subsequent amendments to the code is no longer allowed.

(b)

Expansion. No structure devoted to a nonconforming use may be enlarged more than 25 percent of its square footage as existing subsequent to it rendered nonconforming. However, the zoning board of appeals may, upon petition, and after holding a public hearing, rule that a special exception to this regulation be granted based upon the following considerations:

i.

Favorable report and recommendation from the codes enforcement officer.

ii.

Such expansion will not encroach upon adjoining land uses.

iii.

The expansion will not result in increased noise, smoke, glare, or other nuisances to adjoining uses.

iv.

Traffic to and from the nonconforming use will not be substantially increased over local streets.

v.

Adequate off-street parking and service areas are provided.

vi.

New construction will be in keeping with surrounding development and of sound, durable material.

vii.

Any existing building was built for the use it now contains or a similar use, and is not a converted residential dwelling.

(c)

Relocation. A nonconforming use cannot be relocated, in whole or in part, to any other location on the same lot. The nonconforming use may only be relocated to another structure or lot if the use conforms to all regulations of the zoning district where it is relocated.

(d)

Change of use. A nonconforming use may not be changed to any other nonconforming use. A nonconforming use may only be changed to a use allowed within the district.

(e)

Discontinuation. Whenever a nonconforming use has been discontinued, the use cannot be re-established, and any future use must conform to the uses allowed within the district. A use is deemed discontinued under any of the following circumstances:

i.

The vacancy of a building occupied by a nonconforming use for a continuous period of one year.

ii.

The vacancy of land occupied by a nonconforming use for a continuous period of 90 days. However, the nonconforming use of land for agricultural purpose is not deemed abandoned until put to some other lawful use.

iii.

The manifestation of a clear intent on the part of the owner to abandon the nonconforming use.

iv.

A seasonal nonconforming use is not deemed abandoned because of a vacancy between seasons.

(f)

Damage or destruction of structure. When a structure devoted to a nonconforming use is damaged by fire, structural failure, wind, explosion, or other natural cause, once such structure is repaired or rebuilt, it may continue to be used for the nonconforming use as previously occupied. If such structure was a nonconforming structure, it is subject to the provisions of section 80-20.3 below.

(Ord. No. 9301A, 9-26-18)

(a)

Definition. A nonconforming structure is a principal or accessory structure that once conformed to zoning district regulations but because of subsequent amendments to the code no longer conforms to applicable dimensional standards. Certain nonconforming site elements are regulated separately by section 80-20.5 and nonconforming signs by section 80-20.6.

(b)

Maintenance. Normal maintenance and incidental repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the existing nonconformity.

(c)

Structural alterations. No structural alterations are permitted on any nonconforming structure, except in the following situations:

i.

When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety.

ii.

When the alteration will eliminate the nonconformity.

iii.

When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. For example, if a structure is nonconforming in terms of the required front setback (i.e., does not meet the required minimum), the structure may add a rear addition if it meets all other district regulations.

iv.

When the alteration is as described in item e., below.

(d)

Relocation. A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district where it is relocated.

(e)

Damage or destruction.

i.

In the event that a nonconforming structure is damaged or destroyed by the fault of the property owner or tenant, the structure, as restored or repaired, must be rebuilt to comply with all requirements of this code.

ii.

In the event that any nonconforming structure is damaged or destroyed by fire, structural failure, wind, explosion, or other natural cause, it may be repaired or rebuilt to the same size and dimension as previously existed, provided that a building permit is obtained within one year following the damage or destruction.

(Ord. No. 9301A, 9-26-18)

(a)

Definition. A nonconforming lot is a lot of record that at one time conformed to the lot dimension requirements (lot area, lot width, lot depth) of the zoning district in which it is located but because of subsequent amendments to the code no longer conforms to the applicable lot dimensions.

(b)

Use. A nonconforming lot of record may be used for any use allowed in the zoning district.

(c)

Development. Development of a nonconforming lot must meet all applicable dimensional regulations of the district in which it is located with the exception of any lot dimension requirement that renders it nonconforming. In the event that compliance with the yard and coverage requirements of the district would result in a structure of less than 575 square feet in area or in width less than 24 feet, the zoning board of appeals may determine and fix setback and coverage requirements for the lot to permit its reasonable utilization for a permitted use.

(d)

Common ownership of substandard lots of record. If two or more contiguous, lawfully established substandard lots of record are under the same ownership, such lots are considered to be one lot and undivided for the purpose of this code, provided that the merger does not result in more than one principal building on the lot. For purposes of this provision, a garage is not considered a principal building. This also does not apply if such a merger would create a through lot.

(Ord. No. 9301A, 9-26-18)

(a)

Definition. A nonconforming site element is a site development element, such as landscape, fences or walls, lighting, and parking, that at one time conformed to the requirements of this code, but because of subsequent amendments, has been made nonconforming. Nonconforming signs are regulated separately by section 80-20.6.

(b)

Maintenance. Normal maintenance and incidental repair to a nonconforming site element may be performed. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

(c)

Required conformance. All nonconforming site elements must be brought into conformance when the following occurs:

i.

General.

a.

The existing principal structure is demolished and a new structure is constructed.

b.

A new principal structure is constructed on the lot.

c.

The existing principal structure is increased in total building footprint by 30 percent or more.

ii.

Additional specific actions.

a.

For parking lot landscape and design, when an existing parking lot is fully reconstructed or repaved, or an existing parking lot area is expanded by 50 percent. Resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other surface paving material, is not considered reconstruction.

b.

For fences and walls, when 50 percent or more of the length of a fence or wall is reconstructed along any one lot line, all fences or walls on the site must be brought into conformance.

c.

For exterior lighting, when 25 percent or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance. This is calculated as installation of new lighting posts and/or non-post mounted lighting fixtures based on the total lighting installed by the type of mounting. For example, if over 25 percent of the wall-mounted fixtures are to be replaced, all wall-mounted fixtures must be brought into conformance while nonconforming freestanding fixtures may remain.

(d)

Exemptions. When an existing parking lot is required to provide landscape, which would result in creating a parking area that no longer conforms to the parking regulations of this code, such existing parking lot may not be required to install all or a portion of the required landscape. The applicant is required to show that landscape cannot be accommodated on the site. If only certain requirements can be accommodated on the site, only those elements are required. The planning department will make the determination that all or a portion of required landscape does not have to be installed.

(Ord. No. 9301A, 9-26-18)

(a)

A nonconforming sign and sign structure may remain in use, so long as it remains otherwise lawful and has not been damaged, destroyed, or removed as described in item d below. The sign face of an existing nonconforming sign may be replaced, but the structure cannot be altered to accommodate such change.

(b)

No nonconforming sign and sign structure may be relocated, in whole or in part, to any other location on the same or other lot, unless the entire sign and sign structure conforms to all regulations of the zoning district in which the sign is relocated.

(c)

No nonconforming sign can be altered or enlarged in a way that increases the nonconformity of the sign or sign structure. This does not preclude normal maintenance and cleaning or changing of the sign face.

(d)

In the event that any nonconforming sign and sign structure is damaged or destroyed to the extent of more than 50 percent of its value prior to the damage, the sign and sign structure cannot be restored or repaired unless it conforms to all applicable regulations for the district.

(Ord. No. 9301A, 9-26-18)