A.

Burden on Owner to Establish Legality. The Owner bears the burden of establishing that any Nonconforming Use or Noncomplying Structure lawfully exists.

B.

Determination of Status. The Community Development Director in consultation with the City Attorney shall determine in writing the Nonconforming or Noncomplying status of any property provided the Owner or his/her designee has submitted a complete Application for a certificate of legally existing Nonconforming status to the Community Development Department. Any decision made by the Community Development Director may be appealed within ten (10) calendar days of the decision.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Continuation of Nonconforming Use. Any lawful Nonconforming Use may continue subject to the standards and limitations of this Chapter.

B.

Continuation of Noncomplying Structure. A Noncomplying Structure that was lawfully constructed prior to a contrary change in this Code may be used and maintained, subject to the standards and limitations of this Chapter.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Abandonment of Nonconforming Use. A Nonconforming Use that is discontinued for a continuous period of at least one (1) year is presumed abandoned and shall not thereafter be reestablished or resumed.

1.

Abandonment may also be presumed if any of the following occur:

a.

A majority of the Primary Structure associated with the Nonconforming Use has been voluntarily demolished without prior written agreement with the City regarding an extension of the Nonconforming Use;

b.

The primary Structure associated with the Nonconforming Use remains vacant for a period of one (1) year;

c.

A less intensive or conforming Use has replaced the original Nonconforming Use and has continued for a period of at least one (1) year;

d.

Once destroyed by fire or other casualty, a Nonconforming Use is presumed to abandoned if a Building Permit for reconstruction of the Structure is not applied for within six (6) months from the date of destruction; or

e.

The City business license associated with any Nonconforming Use has been revoked.

2.

Any party claiming that a Nonconforming Use has been abandoned shall have the burden of establishing the abandonment.

3.

Any subsequent Use of the Building, Structure, or land must conform to the regulations for the district in which it is located.

B.

Rebuttable Presumption of Abandonment. The property Owner shall have the burden of establishing that any claimed abandonment has not in fact occurred.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

No Nonconforming Use may be moved, enlarged, altered, or occupy additional land or Structures, except as provided in this Section.

A.

Enlargement. A Nonconforming Use may not be enlarged, expanded, or extended to occupy all or a part of another Structure or site that it did not occupy on the date that the Use became Nonconforming. A Nonconforming Use may be extended through the same conforming Structure provided: (1) no structural alteration of the Structure is proposed or made for the purpose of the expansion; and (2) the parking demand is not increased.

B.

Exterior or Interior Remodeling or Improvements to a Structure. Exterior or interior remodeling or improvements to a Structure containing a Nonconforming Use shall be allowed provided: (1) there is no expansion of the area of the Nonconforming Use; (2) the remodeling and improvements comply with all existing City Codes; and (3) all Landscaping complies with current City standards.

C.

Change of Nonconforming Use to another Nonconforming Use or a Conforming Use. No Nonconforming Use may be changed to another Nonconforming Use. Whenever any Nonconforming Use is changed to a conforming Use, the Nonconforming Use is per se abandoned.

D.

Damage or Destruction of Structure housing Nonconforming Use.

1.

A Nonconforming Use shall not be resumed, and the Structure shall not be restored, unless it is restored to accommodate a conforming Use within a complying Structure, if:

a.

A Structure that contains a Nonconforming Use is allowed to deteriorate to an uninhabitable condition and is not repaired or restored within six (6) months after written notice to the property Owner that the Structure is uninhabitable and that the Nonconforming Use will be lost if the Structure is not repaired or restored within six (6) months;

b.

The property Owner has voluntarily demolished more than 50% of the Gross Floor Area of the Structure that houses the Nonconforming Use; or

c.

A Structure that contains a Nonconforming Use is voluntarily razed or is required to be razed by law.

2.

If a Structure that contains a Nonconforming Use is involuntarily destroyed, in whole or in part, due to fire or other casualty and the Use has not been abandoned, the Nonconforming Use may be resumed and the Structure may be restored to the condition prior to the destruction, provided such work is started within six (6) months of such casualty, is completed within eighteen (18) months of work commencement, and the intensity of Use is neither increased nor changed.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

No Noncomplying Structure may be moved, enlarged, or altered, except in the manner provided in this Section.

A.

Repair, Maintenance, Alteration, and Enlargement. Any Noncomplying Structure may be repaired, maintained, altered, or enlarged, provided that such repair, maintenance, alteration, or enlargement shall neither create any new noncompliance nor shall increase the degree of the existing noncompliance of all or any part of such Structure.

B.

Moving. A Noncomplying Structure shall not be moved in whole or in part to any other location on the same or any other Lot unless the entire Structure shall thereafter comply with the regulations of the district in which it will be located.

C.

Damage or Destruction of Noncomplying Structure.

1.

If a Noncomplying Structure is allowed to deteriorate to a condition that the Structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property Owner stating that the Structure is uninhabitable and that the Noncomplying Structure shall not be restored unless it is restored to comply with all regulations of the district in which it is located.

2.

If the property Owner has voluntarily demolished, or is required by law to demolish, more than 50% of the Gross Floor Area of the Noncomplying Structure, the Structure shall not be restored unless it is restored to comply with all regulations of the district in which it is located.

3.

If a Noncomplying Structure is involuntarily destroyed in whole or in part due to fire or other casualty and the Structure or Use has not been abandoned, the Structure may be restored to its original condition, and the Use may be resumed, provided: (1) such work is started within six (6) months of such casualty; (2) such work is completed within eighteen (18) months of work commencement; and (3) the intensity of Use is not increased.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

The Owner may complete normal maintenance and incidental repair on a complying Structure that contains a Nonconforming Use or on a Noncomplying Structure. This Section shall not be construed to authorize any violations of law nor to prevent the strengthening or restoration to a safe condition of a Structure in accordance with an order of the Building Official who declares a Structure to be unsafe and orders its restoration to a safe condition.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)