Within the districts established by this UDC or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this UDC was passed or amended but which would be prohibited, regulated, or restricted under the terms of this UDC or future amendment. It is the intent of this UDC to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this UDC to be incompatible with permitted uses in the districts involved. It is further the intent of this UDC that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this UDC.

(Ord. No. 1438, § I, 8-1-2023)

A.

Use of nonconforming structures. If a lawful use of a structure, or of [a] structure and premises in combination, exists at the effective date of adoption or amendment of this UDC that would not be allowed in the district under the terms of this UDC, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this UDC in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this UDC, but no such use shall be extended to occupy any land outside such building.

3.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

4.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

5.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

6.

In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed through no fault of the use, the nonconforming use may be re-established provided that no new nonconformities are created, and the degree of the previous nonconformity is not increased. If the structure containing the nonconforming use is a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with adopted building codes. However, if a building permit is not obtained within one year of the date of damage or destruction, then the nonconforming use may not be reestablished.

B.

Use of nonconforming land. Where, at the effective date of adoption or amendment of this UDC, lawful uses of land exist that are no longer permissible under the terms of this UDC as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

1.

No such conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this UDC.

2.

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this UDC.

3.

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this UDC for the district in which such land is located.

(Ord. No. 1438, § I, 8-1-2023)

In any district in which a lot exists of record at the effective date of adoption or amendment of this UDC which does not conform in size or area to the provisions of this UDC, buildings for the uses permitted in such district may be erected on such lot, notwithstanding limitations imposed by other provisions of this UDC.

(Ord. No. 1438, § I, 8-1-2023)

A.

Definition. A nonconforming site element is a non-structural, physical characteristic of a site, such as landscape, fences or walls, lighting, and design, or number of parking and loading spaces, that at one time conformed to the requirements of this Code but has been made nonconforming. This does not include nonconforming signs.

B.

Maintenance. Normal maintenance and incidental repair to a nonconforming site element may be performed. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

C.

Required conformance. All nonconforming site elements must be brought into conformance when the following occurs:

1.

General.

a.

The existing principal structure is demolished, and a new structure is constructed.

b.

A new principal structure is constructed.

c.

The existing principal structure is increased in total building footprint by 25 percent or more.

d.

An existing parking lot of 20 or more spaces is fully reconstructed, or an existing parking lot areas is expanded by 50 percent. Resealing or restriping of an existing parking is not considered reconstruction.

2.

Additional specifics.

1.

When 50 percent or more of the length of a fence or wall is reconstructed along any one lot line, all fences or walls on the site must be brought into conformance.

2.

When 50 percent or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance.

D.

Exemptions. An existing parking lot which is required by item C.1.d. above to provide landscaping which would result in creating a parking area that no longer conforms to the parking regulations of this UDC, such existing parking lot may not be required to install all or a portion of the required landscaping. The applicant is required to show that landscaping cannot be accommodated on the site. If only certain requirement can be accommodated on the site, only those elements are required. The development services director, or designee, shall make the determination that all or portion of the required landscape does not have to be installed.

(Ord. No. 1438, § I, 8-1-2023)