Uses, buildings , or structures that came into existence legally but that do not comply with one or more requirements of the Unified Development Code (UDC) may continue to operate or be used as provided below. A nonconforming use may be discontinued, resumed, expanded, or substituted with another nonconforming use , and nonconforming structures may be reconstructed or expanded as provided below, except for advertising and outdoor signs, which are regulated by the Sign Code, Article 7A, Sign Standards.

(Am. Ord. 11508, 12/5/2017)

   This Article applies to nonconforming uses , buildings , or structures created by initial adoption of or amendments to the UDC . It also applies to nonconforming uses , buildings , or structures that were legal nonconforming under previously applicable ordinances and nonconforming created by the adoption of original City zoning for a newly annexed areas, even if the type or extent of nonconformity is different.

   Any nonconforming use , building , or structure that legally existed on January 2, 2013, or that becomes nonconforming upon the adoption of any amendment to the UDC or original City zoning may be continued in accordance with the provisions of this article.

(Am. Ord. 11070, 5/14/2013)

   The burden of establishing that a nonconforming use , building , or structure is a legal nonconformity, in all cases, is solely upon the owner of such nonconformity. Application requirements are established by the Planning and Development Services Department (PDSD) Director .

   Incidental repairs and normal maintenance of nonconforming buildings or structures are permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by the UDC . Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to a safe condition to conform to the City ’s adopted Building or Fire Code.

   Nothing in this UDC shall prevent the strengthening, restoration, or upgrading of a structure to conform to the City ’s adopted Building or Fire Code.

   The status of a nonconformity is not affected by changes of tenancy, ownership, or management.

   A nonconforming use may be resumed if thenonconforming use activity has been discontinued for less than six months.

   A.   A discontinued nonconforming use may be substituted with another nonconforming use , as provided by Section 9.2.3, Substitution with a Use within the Same Land Use Class, and Section 9.2.4, Substitution with a Use from a Different Land Use Class, provided such nonconforming use is substituted within the six-month period.

   B.   The right to resume a nonconforming use is lost if the discontinuance is for six months or more or if a change to a conforming use occurs. Determination of discontinuance is based upon a consideration of relevant activities and records, including, but not limited to, business license records and/or utility records and the continued maintenance of the property which indicates the intent to continue or discontinue such use. Property left in disrepair or in an unkempt condition is considered in the discontinuance of the use.

   A nonconforming use may be expanded within an existing or new structure or in land area subject to approval by the Zoning Examiner in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided such expansion complies with the following standards:

   A.   The expansion is being undertaken within five years of the time the use became nonconforming;

   B.   The expansion complies with the UDC standards. These standards include, but are not limited to, setbacks applicable to the use itself or for new construction, bicycle and motor vehicle parking standards, and landscaping and screening standards;

   C.   The expansion is for the principal use or for a use that is accessory and incidental to the operation of the existing nonconforming use ;

   D.   The amount of expansion does not exceed 50% of the floor area of the existing building or land area devoted to the existing nonconforming use . Incremental expansions, cumulatively, shall not exceed the 50% provision;

   E.   The expansion area adjoins the land area, within the same lot , which houses the nonconforming use ; and,

   F.   The expansion must comply with the development standards listed for the Land Use Class of the nonconforming use in the most restrictive zone in which the nonconforming use is permitted as of right.

   An existing nonconforming use may be substituted with the same use or another use from the same Land Use Class without affecting the nonconforming status of the use or structures on the property. The substitution may be approved in accordance with Section 3.3.3, PDSD Director Approval Procedure, if the substitute use complies with Section 9.2.4.B, .C, and .D.

   A nonconforming use may be substituted with a use from a Land Use Class that is different from the one to which the existing nonconforming use belongs, provided it is approved in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided the use complies with the following standards before and after the substitute use is in operation:

   A.   The substitute use is a use permitted in the most restrictive zoning classification in which the existing nonconforming use is permitted as of right;

   B.   The substitute use does not generate additional traffic or noise, have longer hours of operation, have additional outside lighting, or cause other negative impacts on adjoining properties greater than those associated with the existing nonconforming use ;

   C.   The substitute use provides parking as required by the UDC . A modification to the parking standards may be requested in accordance with Section 7.4.10, Parking Design Modification Request, or Sections 3.10.1 and 2.10.3, Board of Adjustment Variance Procedure; and,

   D.   The substitute use does not propose an extension or enlargement of the structure or of the areas occupied by the nonconforming use , except as provided for expansion in Section 9.2.2, Expansion of a Nonconforming Use.

   When a substitute use is allowed in a zoning district that is a more restrictive zone than the zoning district in which the existing nonconforming use is first allowed, the nonconforming status for that parcel changes to the more restrictivezoning district .

   A.   Any nonconforming structure or groups of nonconforming structures damaged by natural causes, such as, but not limited to, fire, flood, and lightning, may be reconstructed and used as before with the following limitations.

      1.   Permits to reconstruct the structure must be issued within 12 months of the occurrence.

      2.   The reconstruction of the structure may not exceed the original footprint or square footage as it existed at the time of the occurrence.

   B.   Except as set forth in Section 9.2.1, Discontinuance of a Nonconforming Use, a nonconforming structure that is demolished loses its nonconforming status.

   Nonconforming structures may continue to be utilized as they existed at the time such structures became nonconforming; however, any expansions made to nonconforming structures after the date of the creation of the nonconformity must be in compliance with current standards. The proposed expansion of a nonconforming building or structure to rebuild any part of a building damaged or demolished due to a government act, such as right-of-way condemnation, does not count toward the 50% expansion standards of Section 9.2.2, Expansion of a Nonconforming Use; however, any new construction must comply with the UDC .

   When a building or structure is altered to comply with applicable development standards of the underlying zoning, the nonconforming status of that building or structure is terminated.

   Nonconforming parking areas may be reconstructed, repaved, restriped, or improved with landscaping , additional buffers, lighting, or similar modifications, including the redesign of the parking area layout. The proposed modifications are processed in accordance with Section 3.3.3, PDSD Director Approval Procedure, if the modifications meet the following standards:

   A.   The modifications are in the interest of public health and safety;

   B.   The modifications do not increase the intensity of the nonconforming use of the parking lot ; and,

   C.   There is a reduction, or no change, in the adverse impact of the nonconforming parking lot on adjacent residentially zoned properties.