The regulations of this section establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one or more requirements of this Zoning Ordinance. The regulations address nonconforming uses, nonconforming structures and nonconforming lots.

1.

Policy. It is the general policy of the city to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Zoning Ordinance may continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with current Zoning Ordinance as is reasonably practicable, all subject to the limitations of this section. The limitations of this section are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the nonconformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.

2.

Authority to continue. Nonconformities shall be allowed to continue in accordance with the regulations of this section.

3.

Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists is the owner's burden, not the city's.

4.

Repairs and maintenance. Repairs and normal maintenance required to keep nonconforming uses, structures and lots in a safe condition are permitted, provided that no alterations may be made except those allowed by this section or required by law or ordinance.

5.

Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing nonconformity are permitted, provided that no changes in the nature or character, extent or intensity of such nonconformity may occur except those allowed by this section.

6.

Certification required. A legal nonconforming use may only continue if a use and occupancy permit is issued after the City Planner or Planning and Zoning Commission certifies the use is a legal nonconformity in accordance with the procedures and standards of this chapter and evidence of such certification is filed with the County Recorder. Nonconforming lots and structures are exempt from the certification requirements.

(Ord. No. 1170, § 1, 3-4-2025)

Nonconforming uses shall be subject to the following standards:

1.

Extension or enlargement. No nonconforming use may be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on May 16, 2017, and no additional accessory use, building or structure may be established on the site of a nonconforming use. This provision notwithstanding, the extension of a lawful use to a portion of a nonconforming building which existed prior to the enactment of this Zoning Ordinance shall not be deemed the extension of such nonconforming use.

2.

Relocation. No nonconforming use may be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.

3.

Discontinuance and abandonment. If a nonconforming use ceases or has been discontinued for any reason for a period of more than 12 consecutive months, the subsequent use of such parcel or lot must conform to the regulations and provisions set by this Zoning Ordinance for the district in which such parcel or lot is located.

4.

Damage or destruction. If a structure devoted in whole or in part to a nonconforming use is damaged or destroyed by any means, to the extent of less than 50 percent of its structural value prior to the damage it shall be permitted to be restored. If a structure devoted in whole or in part to a nonconforming use is damaged or destroyed by any means, to the extent of more than 50 percent of its structural value prior to the damage, that structure shall be permitted to be restored provided that:

a.

The structure and the use thereof thereafter complies with all regulations of the zoning district in which it is located;

b.

The structure and use as restored will be substantially similar to a:

(i)

Previously issued conditional use permit;

(ii)

Building permit; or

(iii)

Variance allowing the nonconforming use; or

c.

A conditional use permit or variance as appropriate is granted. The determination of reduced structural valuation shall be made by the city. If the damage or destruction represents 50 percent or less of the structure's value prior to the damage, repair and restoration is allowed, provided that a building permit must be obtained within six months of the damage and restoration must begin within one year of the date of damage.

5.

Change in use.

a.

A nonconforming use, once changed to a conforming use or less intensive nonconforming use, may not revert back to a less conforming use.

b.

A nonconforming use may be changed to a new use, provided that the new use must be of the same general character or of a less intensive character (and thus more closely conforming) than the existing, nonconforming use. The determination of whether a proposed use is a conforming use or is less intensive shall be made by the city.

6.

Cessation. Notwithstanding any other provisions of this Zoning Ordinance, any automobile wrecking yard or other junk yard in existence in any residential zoning district at the date of enactment of this Zoning Ordinance shall be at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued.

7.

Zoning district change. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

(Ord. No. 1170, § 1, 3-4-2025)

A lot shown on an approved and recorded subdivision plat on May 16, 2017, or a parcel shown on the assessor's records as a separate parcel on May 16, 2017, may be occupied and used although it may not conform in every respect with the lot size and width standards of this Zoning Ordinance, subject to the provisions of this section.

1.

Vacant lot. If the lot or parcel was vacant on May 16, 2017, then the owner may use the property for any uses allowed in the underlying zoning district, provided that the use must comply with applicable dimensional requirements to the maximum extent practicable. If the applicable zoning district permits a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable dimensional requirements while others would not, then only the uses or intensities that would comply with the applicable dimensional standards shall be permitted.

2.

Lot with building or structure. If the lot or parcel contains a building or structure on May 16, 2017, then the owner may continue the use of that building or structure and may expand the structure provided that the expansion is in compliance with all applicable Zoning Ordinance standards. If the structure is removed or destroyed, any structure that is reconstructed must comply with all applicable land use and dimensional requirements.

3.

Lot merger. If the lot or parcel is smaller than would otherwise be required by this Zoning Ordinance and such lot or parcel is at any time on or after May 16, 2017, under common control with an adjacent lot or parcel, then the two lots shall be considered merged for purposes of this Zoning Ordinance and shall in the future be considered together for purposes of determining compliance with the Zoning Ordinance. If the merged lots or parcels contain sufficient area for the actual or proposed use, then they shall be deemed fully conforming. If the merged lots or parcels together do not contain sufficient area for the actual or proposed use, they shall nonetheless be considered together for purposes of reducing the deg-ee of nonconformity.

(Ord. No. 1170, § 1, 3-4-2025)

Nonconforming structures shall be subject to the following standards:

1.

Unsafe structures.

a.

Unsafe structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

b.

Alterations. A nonconforming building shall be permitted to be reconstructed or structurally altered during its life to an extent less that the aggregate cost of 50 percent of the fair value of the building. A nonconforming building shall be permitted to be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50 percent of the fair value of the building provided: (i) Said building is changed to a conforming use;

(i)

The building as reconstructed or structurally altered will be substantially similar to a:

(1)

Previously issued conditional use permit,

(2)

Building permit, or

(3)

Variance allowing the nonconforming use; or

(ii)

A conditional use permit or variance as appropriate is granted.

2.

Damage or destruction. A nonconforming structure damaged or destroyed, by any means, to the extent of less than 50 percent of its fair value prior to such destruction shall be permitted to be repaired, rebuilt, or restored. No nonconforming structure damaged or destroyed, by any means, to the extent of more than 50 percent of its fair value prior to such destruction, shall be permitted to be repaired, rebuilt or restored if:

a.

The structure is repaired, rebuilt, or restored will be in conformance with the regulations of the zoning district in which it is located;

b.

The structure is repaired, rebuilt, or restored will be substantially similar to a:

(i)

Previously issued conditional use permit;

(ii)

Building permit; or

(iii)Variance

allowing the nonconforming use; or

c.

A conditional use permit or variance as appropriate is granted.

3.

Relocation. Nonconforming structures may not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.

4.

Construction approved prior to Zoning Ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from date of this Zoning Ordinance.

5.

Nonconformities created by public action. When lot area or setbacks are reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Zoning Ordinance.

(Ord. No. 1170, § 1, 3-4-2025)

A nonconforming use may be certified as lawful by the City Planner or Planning and Zoning Commission as follows:

1.

A permit application shall be submitted to the city on a form approved by the City Planner, which shall at a minimum require:

a.

A site plan and/or plat drawn to scale;

b.

The exact nature, size and location of buildings, structures, and uses;

c.

A legal description of the property;

d.

The precise location and limits of the use on the property and within any building it occupies;

e.

Documentary evidence such as tax records, business records, public utility installation or payment records, and a sworn certification or affidavit, which shows the commencement date and continuing existence of the nonconforming use; and

f.

Evidence that the nonconforming use has not ceased to operate for more than 12 consecutive months between the time the use became nonconforming and the date when the application is submitted, or that the conditions of nonoperation were beyond the applicant's and/or owner's control, or were for the purpose of correcting Zoning Code violations.

2.

The City Planner shall determine if the application is complete and whether the application shall be approved or disapproved.

a.

The application shall be approved and a permit issued if:

(i)

The applicant demonstrates the development is a nonconforming use and has submitted sufficient evidence as to the commencing date and continuity of the nonconforming use; and

(ii)

The property to be certified as nonconforming has no outstanding Zoning Code violations other than failure to have a use and occupancy permit.

b.

If the application is denied, the City Planner shall provide a written statement stating the reasons why the application does not comply with the decision standards, and a notice of the applicant's right to appeal under subsection 1 of section 11-07-07.

3.

Recording. The city shall file a certification of nonconforming use with the County Recorder for every permit issued under this section. The city shall file a notice of nonconforming use with the County Recorder for every application disapproved, after the time for appeals has passed.

4.

Revocation of permit.

a.

Upon application by the City Planner, or upon its own motion, the Planning and Zoning Commission may conduct a public hearing to determine whether an approved certification of a nonconforming use should be revoked. The property owners subject to the potential revocation and all persons of record shall be given notice of the hearing within a reasonable period of time prior to the hearing.

b.

The Planning and Zoning Commission shall revoke the permit if it finds that either:

(i)

There was fraud or misrepresentation in obtaining the certification; or

(ii)

A certified nonconforming use has been discontinued for a period of 12 consecutive months, unless the conditions of non-operation were beyond the control of the owner or holder of the use and occupancy permit; or

(iii)

Any applicable requirements of section 11-08-05 have not been met.

c.

If the permit is revoked, the City Attorney shall provide a written order stating the reasons for the revocation, and a notice of the applicant's right to appeal under subsection 1 of section 11-07-07

5.

Failure to file application. If a property owner fails or refuses to file the permit application required by this section, the City Planner shall notify and schedule a public hearing before the Planning and Zoning Commission to determine whether a reported nonconforming use shall be approved or disapproved. The provisions of subsections 2 and 3 shall apply, except that the Planning and Zoning Commission shall make the final determination and the City Attorney shall prepare any required notices or orders.

6.

Fees. Any fees for the administration of this section, the recording of documents, or otherwise, shall be set forth in the master fee schedule as amended by resolution of the Board of City Commissioners.

(Ord. No. 1170, § 1, 3-4-2025)