(A)

Purpose and Intent

It is the intent of this article to allow legal nonconforming uses to continue until they are ceased and to allow legal nonconforming structures to be maintained until they are removed, but not to encourage their survival. Nonconforming uses are deemed incompatible with permitted uses. It is further the intent of this article to limit nonconforming structures so they are not allowed to be enlarged, expanded, extended or reconstructed after major damage or used as grounds for adding other structures or uses prohibited elsewhere in the same district, unless otherwise allowed by Chapter 14.

(B)

Construction in Progress

Nothing in Chapter 14 requires a change in the plans, construction or designated use of a structure on which actual construction is in compliance with all permits and was lawfully begun prior to the effective date of adoption or amendment of Chapter 14 rendering the structure or designated use nonconforming.

(C)

Determination of Nonconformity Status

(Ord. No. 2013-16 § 62; Ord. No. 2014-31 § 46)

The land use director determines the status of a nonconforming lot, nonconforming use, nonconforming structure or nonconforming sign. For purposes of this Article 14-10, each sign is treated as a separate structure, including those attached to or painted on buildings.

(D)

Change of Tenancy or Ownership

(Ord. No. 2014-31 § 47)

Change in tenancy or ownership of a legal nonconforming lot or a lot containing a legal nonconforming structure or legal nonconforming use without change in the use or structure, does not affect the status of that lot, structure or use.

(Ord. No. 2018-26 § 1)

A legal nonconforming use may be continued subject to the following provisions:

(A)

No Increase in Nonconformity

A legal nonconforming use shall not be enlarged, intensified, increased or extended to occupy a greater area of land or structure than was occupied at the time the use became nonconforming and a structure containing a legal nonconforming use shall be subject to the provisions of Section 14-10.3 unless the legal nonconforming use of the structure is terminated.

(B)

No Relocation on Parcel

A legal nonconforming use shall not be moved in whole or in part to any other portion of the land occupied by that use at the time the use became nonconforming.

(C)

Termination of Nonconforming Use

(Ord. No. 2012-33 § 1)

(1)

Except as provided for in Subsection 14-10.2(C)(2), a legal nonconforming use of land or use of a structure that ceases for any reason for a period of more than three hundred sixty-five days or is replaced by a permitted use, may not be resumed and any subsequent use of the land or structure shall conform to Chapter 14.

(2)

A legal nonconforming use of land or use of a structure owned by a federal, state, or local governmental entity and used by that entity for governmental purposes, that ceases may resume. Such resumed uses may not be significantly enlarged or intensified, except that in zoning districts where a special use permit is required, a special use permit must be approved before the use is significantly enlarged or intensified.

(D)

No Additional Structures

Additional structures shall not be erected in connection with a legal nonconforming use of land or structure; and

(E)

Change of Use

A legal nonconforming use may, as a special use permit, be changed to another legal nonconforming use if the board of adjustment finds that the proposed use is equally appropriate or more appropriate to the district than the existing legal nonconforming use and the new use does not increase the level of nonconformity. In allowing such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the purposes of Chapter 14.

(F)

Exception for Single-Family Dwellings

Notwithstanding the provisions of Subsections 14-10.2(A), (B), (C) and (D), a single-family dwelling that is a legal nonconforming use and associated accessory uses may be expanded if:

(1)

The nonconforming dwelling and associated accessory uses are the only uses on a legal lot of record.

(2)

The combined gross floor area of the dwelling and accessory uses after expansion does not exceed 2,500 square feet.

(3)

The expansion will not cause or increase the degree or extent of nonconformity with applicable development standards such as lot coverage, setbacks or height.

(4)

This Subsection 14-10.2(F) shall not permit the creation of a new principal or accessorydwelling unit.

(Ord. No. 2018-26 § 2

Legal nonconforming structures may be maintained subject to the following provisions:

(A)

No Increase in Nonconformity

A legal nonconforming structure shall not be enlarged or altered in a way that increases the degree or extent of its nonconformity. This Section 14-10.3 is not intended to prohibit additions or alterations that do not increase the nonconformity.

(B)

Reduction in Nonconformity

A legal nonconforming structure that is modified in such a way as to eliminate or to reduce the degree or extent of nonconformity, including the demolition or removal of a nonconforming feature for any reason, shall not be reconstructed except in conformance with Chapter 14.

(C)

Substantial Destruction of Legal Nonconforming Structure

If a legal nonconforming structure is destroyed by any means to an extent of more than sixty-six and two-thirds percent of the existing building structure and shell (exterior skin and framing, excluding window assemblies and exterior wall and roof coverings), it shall not be reconstructed except in conformity with the provisions of Chapter 14 and if any structure containing a legal nonconforming use is similarly destroyed, the legal nonconforming use shall not be resumed.

(D)

Relocation of Legal Nonconforming Structure

If a legal nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(E)

Repairs and Alterations

(1)

Ordinary repairs and maintenance are allowed, including replacement of exterior wall and roof coverings.

(2)

Repair, maintenance or replacement of interior nonstructural elements, fixtures, wiring or plumbing, is allowed.

(3)

Alterations to the legally nonconforming portions of the building structure are not allowed except to bring the structure into conformance with the provisions of Chapter 14.

(4)

Nothing in Section 14-10 prevents alteration or repairs necessary to ensure the safety of a structure that has been declared to be unsafe by an official charged with protecting public safety, on order of such official.

(F)

Exception for Single-Family Dwellings

Notwithstanding the provisions of Subsections 14-10.3(A), (B), (C), (D) and (E), a single-family dwelling that is a legal nonconforming structure and associated accessorystructures may be expanded as provided in Subsection 14-10.2(F).

(A)

Use of Legal Nonconforming Lot

(Ord. No. 2013-16 § 63; Ord. No. 2014-31 § 48)

Within a district in which single-family dwellings are allowed, and notwithstanding limitations imposed by other provisions of Chapter 14, a single-family dwelling and accessorybuildings may be erected on a single legal lot of record that is nonconforming with regard to minimum lot area or dimensions, maximum density, or the dwelling unit access standards in Table 14-9.2-1; provided that the lot does not adjoin a commonly owned lot, except as provided in Subsections 14-10.4(B) and (C). Dimensions of required yards and other requirements that do not involve area or dimensions of the lot, density or access standards shall conform to the regulations for the district in which the lot is located.

(B)

Adjoining Lots

Within the R-5, R-6, R-7, R-7(I), R-8 and R-9 districts, two adjoining commonly owned legal nonconforming lots may each be developed in accordance with the provisions of this Subsection 14-10.4(B) if each of the lots has a minimum lot area of four thousand (4,000) square feet and has a width, depth and frontage equal to at least eighty percent of the minimum dimensions required by Chapter 14. Development of one or more adjoining, commonly owned legal nonconforming lots requires a conditional use permit, based on a finding that the development is consistent with the overall lot patterns and development characteristics of the surrounding neighborhood regardless of the area or width of the legal nonconforming lot.

(C)

Combination of Lots

Contiguous commonly owned lots may be combined in order to meet the standards of Sections 14-10.4(A) and (B). The boundaries between adjoining commonly owned lots may be adjusted in order to meet the standards of those sections; provided that no lot with an area of less than one thousand nine hundred square feet may be expanded to create an individually developable lot.

Legal nonconforming structures in special flood hazard areas may be replaced as set forth in Section 14-8.3(G).

(Ord. No. 2012-21 § 4)

(A)

Applicability

This Section 14-10.6 applies to a condominium (including constructed condominium units and unconstructed condominium units in the form of reserved development rights) if the condominium declarations were recorded prior to May 30, 2012, and:

(1)

The condominium does not meet the zoning density requirements of Chapter 14; and

(2)

The condominium did not meet the zoning density requirements of Chapter 14 when the most recent condominium declarations were recorded.

(B)

Density Exception for Constructed Condominium Units

Constructed condominium units described in Subsection 14-10.6(A) are legal nonconforming uses and structures with regard to the zoning density requirements of Chapter 14. A constructed condominium unit described in Subsection 14-10.6(A) that is destroyed by any means may be reconstructed if the reconstructed unit complies with all other applicable provisions of Chapter 14.

(C)

Unconstructed Condominium Units

Unconstructed condominium units described in Subsection 14-10.6(A), that are in the form of reserved development rights in excess of the zoning density requirements of Chapter 14, are not legal and may not be developed.

(D)

Condominium Units Owned by the Original Declarant

A condominium described in Subsection 14-10.6(A), where all condominium units are owned as of May 30, 2012 by the original declarant, or by an entity controlled by the original declarant, are not legal and are nonconforming uses and structures

(E)

Condominium Units Constructed without Required Permits

Condominium units described in Subsection 14-10.6(A), that were constructed without required construction permits are not legal and are nonconforming uses and structures. Such condominium units must be issued all required construction permits and a certificate of occupancy to become subject to the provisions of Subsection 14-10.6(B).

(F)

Applicability of Other Regulations

The density exception provided in Subsection 14-10.6(B) is not intended to provide an exception to the other provisions of Article 14-10 regarding nonconforming uses and structures.