The regulations of this article govern nonconformities, which are lots, uses, structures and other development features that were lawfully established but—because of the adoption of new or amended regulations—no longer comply with one or more requirements of this zoning ordinance.

A.

Occasionally, lots, uses, structures and other development features that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map amendments or amendments to the text of this zoning ordinance). The regulations of this article are intended to clarify the effect of such nonconforming status and avoid confusion with "illegal" buildings and uses (those established in violation of applicable zoning regulations). The regulations are also intended to:

1.

Recognize the interests of property owners in continuing to use their property for uses and activities that were lawfully established;

2.

Promote maintenance, reuse and rehabilitation of existing nonconforming buildings; and

3.

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

B.

The regulations recognize that buildings and structures have a long useful life and allowing their continued occupancy and modernization can be more desirable than requiring them to remain vacant if they cannot be made conforming.

Any nonconformity that existed on the effective date specified in Sec. 1.3 or any situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance may be continued in accordance with the regulations of this article unless otherwise expressly stated.

A.

The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) rests entirely with the property owner.

B.

The Director of Community and Economic Development is authorized to determine whether adequate proof of nonconforming status has been provided by the property owner.

C.

Building permits, lawfully recorded plats, other official government records, and aerial photography that indicate lawful establishment of the nonconformity constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the Director of Community and Economic Development is authorized to consider whether other forms of evidence provided by the applicant are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:

1.

Professional registrations or licenses associated with a street address;

2.

Utility billing records;

3.

Leasing records;

4.

Advertisements in dated publications;

5.

Listings in telephone or business directories; and

6.

Notarized affidavits affirming the date of lawful establishment of the nonconformity.

D.

The Director of Community and Economic Development's determination of nonconforming status may be appealed in accordance with Sec. 11.7.

A.

Nonconformities must be maintained to be safe and in good repair.

B.

Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this zoning ordinance.

C.

Nothing in this article is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized order of a public official.

Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4437, § 2(Exh. A), 9-23-24)

A nonconforming lot is a lot that was lawfully created in accordance with lot area and lot width regulations in effect at the time of the lot's establishment but that does not comply with currently applicable lot area or lot width regulations.

A.

A nonconforming lot in an R district may be used as a building site for Household Living uses.

B.

A nonconforming lot in a nonresidential zoning district may be used as a building site and developed with a use(s) allowed in the subject zoning district.

C.

Development on nonconforming lots must comply with the Building Regulations of the subject zoning district unless otherwise expressly stated.

D.

Nonconforming lots may not be adjusted in size or shape to create additional nonconformity or increase the degree of nonconformity for lot area, lot width, setbacks or other applicable lot and building regulations. Lot area or shape adjustments that do not increase the extent of nonconformity may be approved.

E.

Lawfully established buildings and improvements on nonconforming lots may be used, maintained, repaired and replaced, provided that the amount, quantity or degree of any existing nonconformity is not increased and no new nonconformity is created.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4437, § 2(Exh. A), 9-23-24)

A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.

A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established.

A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.

A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate any other regulations of this Zoning Ordinance.

A nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.

Editor's note— Ord. No. 4437, § 2(Exh. A), adopted Sept. 23, 2024, repealed the former § 13.3.5 and enacted a new § 13.3.5 as set out herein. The former § 13.3.5 pertained to relocation and derived from Ord. No. 4036, § 2(Exh. A), adopted June 11, 2018.

A.

Abandonment

1.

Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.

2.

A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of ninety (90) days or more.

B.

Damage or Destruction

1.

When a structure containing a nonconforming use is destroyed or damaged by less than fifty (50) percent of the replacement value, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within one hundred eighty (180) days of the date of occurrence of such damage and such repairs are completed within the timeframe of validity of the building permit.

2.

When a structure containing a nonconforming use is destroyed or damaged by equal to fifty (50) percent or more of the replacement value, the structure may not be restored or repaired and the use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

3.

The replacement value of the legal nonconforming structure shall be established by:

a.

The sale of the structure within the previous year, or if that is not applicable;

b.

An appraisal of the structure within the last two (2) years, or if that is not available;

c.

The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

d.

An alternative method determined acceptable by the Director [of] Community and Economic Development.

No use that is accessory to a principal nonconforming use may continue after the principal nonconforming use has been abandoned.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4437, § 2(Exh. A), 9-23-24)

A nonconforming structure is any structure, other than a sign, that was lawfully established but no longer complies with applicable lot and building regulations or other dimensional, siting or locational requirements of this zoning ordinance. Regulations governing nonconforming signs can be found in Sec. 8.10.

A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located.

A.

Nonconforming structures may be altered or expanded if the proposed alteration or expansion complies with all applicable lot, building, dimensional, siting and locational requirements and does not increase the extent of the structure's nonconformity. For example, a building with a nonconforming front street setback or a nonconforming build-to-zone frontage may be expanded to the rear as long as the rear expansion complies with applicable rear setback standards.

B.

A structure with a nonconforming setback may not be expanded horizontally within the required setback area, with the exception that if the setback is nonconforming by twelve (12) inches or less, the nonconforming structure may be expanded horizontally provided that the expansion does not extend further into the required setback. A structure with a nonconforming setback may be expanded vertically, but only if the vertical expansion does not extend further into the required setback and does not exceed the maximum building height requirements applicable to the structure.

A nonconforming structure may not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.

Editor's note— Ord. No. 4437, § 2(Exh. A), adopted Sept. 23, 2024, repealed the former § 13.4.4 and enacted a new § 13.4.4 as set out herein. The former § 13.4.4 pertained to moving and derived from Ord. No. 4036, § 2(Exh. A), adopted June 11, 2018.

A.

Damage or Destruction

1.

In the event that a nonconforming structure is damaged or destroyed to the extent of equal to fifty (50) percent or more of its replacement value, the structure may not be restored or repaired except in compliance with all regulations applicable to the zoning district in which it is located.

2.

In the event that a nonconforming structure is destroyed or damaged by less than fifty (50) percent of the replacement value, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within one hundred eighty (180) days of the date of occurrence of such damage and such repairs are completed within the timeframe of validity of the building permit.

3.

The replacement value of the nonconforming structure shall be established by:

a.

The sale of the structure within the previous year, or if that is not applicable;

b.

An appraisal of the structure within the last two (2) years, or if that is not available;

c.

The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

d.

An alternative method determined acceptable by the Director Community and Economic Development.

(Ord. No. 4036, § 2(Exh. A), 6-11-18; Ord. No. 4437, § 2(Exh. A), 9-23-24)

A nonconforming development feature is any aspect of a development-other than a nonconforming lot, nonconforming structure, nonconforming use or nonconforming sign-that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more regulations of this zoning code. Common examples are off-street parking areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening regulations.

Nonconforming development features may remain except as otherwise expressly stated in this zoning code, but the nature and extent of the nonconformity may not be increased.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)

See Sec. 8.10.

(Ord. No. 4036, § 2(Exh. A), 6-11-18)