(a)

Where at the time of passage of this chapter, or any amendments thereto, the previously lawful use of land and/or buildings exists which would not be permitted by this chapter, or the amendment thereto, the use and/or building may continue so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use and/or building, unless otherwise specified, shall be enlarged or increased, nor extended to occupy a greater area of land than was lawfully occupied at the effective date of adoption or amendment of this chapter, unless said enlargement does not result in an increase in nonconformity.

(2)

No such nonconforming use and/or building shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use and/or building at the effective date of adoption or amendment of this chapter unless said move decreases the degree of nonconformity or results in conformity with the requirements for this district. No additional building not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of a lot or parcel.

(3)

When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.

(4)

No other use of a nature which would be prohibited in the district involved shall be permitted unless such other use is the same or more restrictive than the original nonconforming use, and unless the number of off-street parking spaces required is the same or less than that of the original nonconforming use.

(5)

If any such nonconforming use of land and/or building ceases for any reason for a period of more than 24 consecutive calendar months (except when government action impedes access to the premises) any subsequent use of such land and/or building shall conform to the regulations specified by this chapter for the district in which such land and/or building is located.

(6)

If any change in title or possession, or renewal of a lease of any such lot or building occurs, the existing nonconforming use and/or building may continue so long as all other applicable provisions this of article are met.

(Ord. No. 862, 10-10-91)

Whenever the boundaries of a zoning district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. No. 862, 10-10-91)

Repairs and maintenance to a nonconforming building or to a conforming building devoted to a nonconforming use shall be permitted, provided repairs or maintenance do not increase the nonconformity in any respect.

(Ord. No. 862, 10-10-91)

(a)

A building containing a conforming use, but nonconforming by reason of yards, lot area or density, parking or height may be repaired or rebuilt provided such repair or rebuilding does not increase nonconformity in any respect.

(b)

If a nonconforming building not meeting the criteria of subsection (a) above, or of a conforming building devoted to a nonconforming use, is destroyed or damaged to the extent that the cost of restoration to its condition before the occurrence shall not exceed 75 percent of the cost of reconstructing the entire building, it may be repaired or restored, provided any such repair or restoration is completed within 24 months from the date of partial destruction. If the cost of restoration of the building to its condition before the occurrence exceeds 75 percent of the cost of reconstructing the entire building, the building shall not be repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(1)

Cost, for the purpose of this section, shall be the current replacement value of the structure. The cost of land or any factors other than the cost of the building shall be excluded in the determination of the cost of restoration for the purpose of calculating the percent of damage.

(c)

City council may approve a special use permit, in accordance with article II, division 2, to allow the reconstruction of a nonconforming building not meeting the criteria of subsection (a) above, or of a conforming building devoted to a nonconforming use, when such building is destroyed or damaged to the extent that the cost of restoration of the building to its condition before the occurrence exceeds 75 percent of the cost of reconstructing the entire building. An application for the special use permit must be submitted within 180 days after the determination by the zoning administrator that the cost of restoration of the building to its condition before the occurrence exceeds 75 percent of the cost of reconstructing the entire building, and restoration shall be completed, and a certificate of occupancy issued, within 24 months from the date of destruction or partial destruction. In addition to the criteria contained in article II, division 2, city council shall consider the following:

(1)

Would the reconstruction of the nonconforming use adversely effect the character of adjacent properties and the surrounding neighborhoods?

(2)

Are there uses of similar scale and intensity on properties adjacent to the nonconforming use?

(3)

Is the nonconforming use located on a major or secondary arterial street?

(Ord. No. 862, 10-10-91; Ord. No. 33-98, 11-12-98)

(a)

Where a lot of record at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located, said lot may nevertheless be used for a single-family detached dwelling if that use is permitted in the district in which it is located. All yard regulations other than lot area and lot width shall be as required by the zoning district in which the lot is located.

(b)

In any district, existing permitted buildings other than single-family detached dwellings may be enlarged on any nonconforming lot of record, provided that all lot area and yard regulations shall be as required by the zoning district in which the lot is located.

(c)

In any district, permitted buildings other than single-family detached dwellings may be erected on a nonconforming lot of record only if a variance of lot width, lot area and/or yard regulations is granted by the board of zoning appeals.

(d)

In any district, adjacent nonconforming lots of record may be combined or resubdivided if the resulting lots have a lesser degree of nonconformity, or conform to the requirements of the zoning districts in which the lots are located. If the resulting lots are still nonconforming, but to a lesser degree, they shall still be considered as nonconforming lots of record under the terms of this chapter.

(Ord. No. 862, 10-10-91)

The board of zoning appeals may approve, as a special exception in accordance with subsection 21-97(f), the enlargement of an existing legally nonconforming building that does not meet the yard regulations of the zoning district in which it is located. The yards provided for the addition shall not be less than the adjacent nonconforming yards.

(Ord. No. 862, 10-10-91)

Uses that were permitted uses prior to the adoption of this chapter, and are now special use permit or special exception uses, shall be conforming uses. However, expansion of any such use shall require approval in accordance with the current special use permit or special exception requirements.

(Ord. No. 862, 10-10-91)

Any lot, by reason of widening or realignment of a public street or by reason of other condemnation proceedings, which has been reduced in size to an area less than that required by this chapter, or which has had the amount of off-street parking reduced to less than the amount required by this chapter, shall be considered a nonconforming lot of record subject to the provisions set forth in this section; and any lawful use or building existing at the time of such highway widening or realignment or condemnation proceedings which would thereafter no longer be permitted under the terms of this chapter shall be considered a nonconforming use or building as those terms are used in this chapter.

(Ord. No. 862, 10-10-91)

If a use does not conform to the zoning prescribed for the district in which such use is situated, and if: (i) a business license was issued by the City for such use for each year of operation of the nonconforming use; and (ii) the holder of such business license has operated continuously in the same location for at least 15 consecutive years and has paid all City taxes related to such use, the City shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the City or any agency affiliated with the City for fees associated with such filing. If the applicant is not the owner of the affected property, the application shall include the property owner's written concurrence with the request, or in absence of such written concurrence, the Zoning Administrator or the Administrator's designee shall forthwith send a copy of the application to the property owner by first class mail at the mailing address shown on the City's real property tax records.

(Ord. No. 16-18, 12-8-16)

Editor's note— Ord. No. 11-95, § 2, adopted April 13, 1995, repealed § 21-900, which pertained to rental of nonconforming dwelling units. See the Code Comparative Table.