(a)

Definition. Any lawful use of land or structure, excluding signs, existing on the effective date of this chapter, and which by the terms hereof has become a nonconforming use, is hereby declared not to be in violation at this chapter's effective date. Such a nonconforming use shall be subject to all of the provisions of this article pertaining to its continuance, change and discontinuance.

(b)

Nonconforming use extensions. The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used at the effective date of this chapter. However, a nonconforming use located in one (1) bay of a multi-bay commercial or industrial structure shall not be expanded into an adjacent bay. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. A nonconforming use shall not be extended to occupy any land outside the building on the same plot, which is not already used for such nonconforming use at the effective date of this chapter. The use of previously undeveloped land within the same plot, which is shown on a site plan for a nonconforming use, and meets the following criteria, shall not be considered to be an extension of a nonconforming use to additional lands:

(1)

The land is not needed to meet minimum Code requirements in effect as of the time the site plan was approved;

(2)

The land does not exceed ten (10) percent of the total area of the plot;

(3)

The land is not located within fifty (50) feet of a road right-of-way;

(4)

The land is not designated as a separate plot or outparcel;

(5)

The nonconforming use meets the development requirements in effect at the time the original site plan was approved.

(c)

Nonconforming use; alteration or enlargement. No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one (1) which complies with the provisions of this Code; provided that repairs, maintenance and improvement may be carried out in any one (1) year in an amount not to exceed twenty-five (25) percent of the assessed value of the structure for that year, and provided that such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use increase the number of dwelling units or increase the impact on public facilities. Nothing in this article shall prevent or excuse compliance with applicable laws or resolutions relative to the safety and sanitation of a building occupied by a nonconforming use.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-01-B, § 3, 4-24-01; Ord. No. 402-07-C, § 12, 6-27-07)

(a)

Reconstruction after catastrophe. If any nonconforming structure or if any building in which there is a nonconforming use is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair or reconstruction will exceed fifty (50) percent of the replacement cost of the building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(b)

Neglect or decrepitude. If any fence, wall, or accessory building or structure, which is nonconforming as to this code, is determined to have, through owner neglect or disrepair, reached a condition in which the cost of rebuilding, repair, or reconstruction will exceed fifty (50) percent of the replacement cost of the fence, wall, or accessory building or structure, and the director of the department of community development determines that compliance with current code is feasible, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(c)

Change of nonconforming use.

(1)

In any residential district, any change of a nonconforming use in a conforming building shall be to a conforming use.

(2)

In any residential district, a nonconforming use in a nonconforming building shall be changed only to a use permitted in the particular residential district involved, except as provided in subsection (4) below.

(3)

Any change of a nonconforming use of land shall be to a conforming use, except as provided in subsection (4) below.

(4)

There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change in the nature or character of such nonconforming use, except as may be permitted by this Code.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-07-C, § 12, 6-27-07; Ord. No. 402-09-G, § 11, 11-24-09)

(a)

If, for any reason, a nonconforming use of land ceases or is discontinued for a period of more than sixty (60) days, the land shall not thereafter be used for the same or any other nonconforming use.

(b)

If, for any reason, the nonconforming use of a building ceases or is discontinued for a period of one (1) year or more, the building shall not thereafter be used for the same or any other nonconforming use.

(c)

Any part of a building, structure, or land occupied by a nonconforming use, which use is abandoned, shall not again be occupied or used for a nonconforming use.

(d)

Any part of a building, structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use, shall not thereafter be used or occupied by a nonconforming use.

(e)

It is the express intent of the City that the common law does not apply to the provisions of this Section 16-233.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-21-A, § 2, 6-22-21)

(a)

Continuance of nonconforming uses and structures. Any legal nonconforming use or structure may be continued.

(b)

Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuation of the use of structure or premises in violation of any ordinance in effect at the effective date of this chapter.

(c)

District or regulation change. The foregoing provisions of this article shall also apply to buildings, structures, land, premises or uses which hereafter become nonconforming due to a change or a reclassification of district or become nonconforming due to a change in district regulations. Where a period of time is specified in this article for the removal or discontinuance of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change of regulations.

(d)

Illegal use. The casual, temporary or illegal use of land or a building shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such a use.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

In general. The following provisions of this article are intended to apply to buildings and structures, and their plots, existing at the effective date of this chapter which do not meet the regulations of this chapter for height, yards, plot size, plot area, coverage, separation, design, or other similar dimensional requirements or limitations. In reviewing development applications, those portions of a site serving new structures or new square footages created by an expansion or addition of an existing building or development, and portions of a site serving new residential buildings within an existing residential development shall comply with all the provisions of the current code. If revisions relating to traffic circulation (parking areas, drive lanes, access points) are made to a site then the entire site must meet all the provisions of current code, where practicable. In reviewing proposed alterations to an existing building exterior, the department shall consider the size and configuration of the site in applying the following standards to a particular project:

(1)

The extent that the proposed alteration will improve the character or quality of the surrounding neighborhood.

(2)

The extent to which parking areas, site lighting and traffic situations are improved to closely meet current code requirements.

(3)

The extent to which safe pedestrian access and movement is enhanced.

(4)

The extent to which landscaping is upgraded to closely meet current code. Site improvements proposed without any changes to a building exterior or to site traffic circulation shall be reviewed in relation to the size and configuration of the site and to determine the extent in which improvements are made to enhance the appearance and functionality of the site.

(b)

Setback exception. In the case of nonconforming side or rear yard setbacks, existing buildings may be authorized to expand provided the existing setback is met. This also applies to screen enclosures, fences, slabs, and other accessory structures that encroach into common area, subject to homeowner association approval. The construction of a single-family dwelling unit on a lot in single and separate ownership, shall meet the minimum setbacks of the existing development.

(c)

Single-family roof design exception. Any single-family home located in a RS-3 or RS-5 Low Density Single-Family Residential District or an RS-7 Single-Family Planned Development District, that was constructed prior to November 27, 1990, and that (i) is located within a development where no site plan is on file with the city or (ii) has an approved site plan which does not identify the specific roof type, shall not be required to comply with subsection 16-69(i) or 16-70(n)(4) of this code.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-00-F, § 2, 9-26-00; Ord. No. 402-03-D, § 5, 8-26-03; Ord. No. 402-12-F, § 2, 5-8-12; Ord. No. 402-23-D, § 8, 12-12-23)

(a)

Principal building. None of the above shall preclude any existing development from complying with the landscaping requirements of this Code, to the extent feasible, when any change of use occurs involving more than fifty (50) percent of the floor area of the principal buildings on the site.

(b)

Outparcel. Any commercial accessory or outparcel structure which exceeds five hundred (500) square feet in floor area shall be required to meet the landscaping, parking and other site design standards of this Code. This shall include the perimeter of the outparcel and the perimeter landscaped berm, if applicable, plus that proportion of the parking lot equal to the number of parking spaces the current code requires for the structure.

In the case of a building occupied by a use which is not permitted as a new use in the district in which such a building is located, no improvements in excess of fifty (50) percent of the building's volume or extensions of use shall be permitted unless the use meets the off-street parking requirements of Article VII.

(Ord. No. 402-10-C, § 31, 6-22-10)