(A) Interpretation. This chapter and the districts herein, or any later amendments may create situations where structures, buildings, or uses of the land previously permitted may become prohibited, regulated, or otherwise restricted. It is the intent of this chapter to permit the continuance of these nonconforming structures or uses until they are removed, but not to encourage their survival. The uses are declared by this chapter to be incompatible with the permitted uses in the district involved.
(1) Alterations. The unlawful use of a building existing at the time of the adoption of this section may be continued, although such use does not conform to the provisions hereof. A non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Whenever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restrictive use.
(2) Discontinuance.
(a) In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(b) Any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this section may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion unless:
1. The non-conformity or occupancy is discontinued for a period of more than 1 year; or
2. Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no zoning permit has been applied for within 180 days of when the property is damaged. The city may impose reasonable conditions upon any zoning permit issued in order to mitigate any newly created impact on adjacent property.
(c) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This does not prohibit the city from enforcing an ordinance that applies to adults-only theaters, or similar adults-only businesses, as defined by ordinance.
(d) A change in ownership does not constitute a change in usage.
(3) Signs. Signs pertaining to or advertising products sold on the premises of a non-conforming building or use shall be governed by division (A)(2).
(4) Residential alterations. Other improvements or alterations may be allowed to the extent that the current livability of the home is enhanced, but not to the extent that the useful life expectancy of the property would be increased. Examples of permitted improvements are: detached garages, open deck or patio, accessory building. all setbacks for improvements or alterations must comply with those of the Residential District. Alterations my be made to a residential building containing non-conforming residential units when they will improve the habitability of such units, provided however, that they do not increase the number of dwelling units in the building.
(5) Normal maintenance. Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it include necessary non-structural repairs and incidental alterations, which do not extend or intensity the non-conforming use at any time.
(6) Change in use. A non-conforming use may be changed to a conforming use at any time.
(7) Extensions and additions. The extension or addition of a lawful use to any portion of a non-conforming building or structure or land shall not be deemed as the extension of the non-conforming use.
(8) Classification of use. All uses which lawfully exist on the effective date of this division and are classified as a conditional use by this section for the district in which they are located, shall be considered lawful conditional uses.
(Am. Ord. passed 10-1-2007)
(B) Nonconforming lots of record. A single-family dwelling and customary accessory buildings, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. The provisions shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. If, in a group of 2 or more lots under the same ownership, any individual lot does not meet the area and width requirements of this chapter, the lot must not be considered as a separate parcel or land for the purposes of sale or development. The lot must be combined with the 1 or more contiguous lots so they equal 1 or more parcels of land, each meeting the area and width requirements of this chapter. Variances of area, width, and yard requirements shall be obtained only through action of the Board of Adjustment.
(C) Construction approved prior to adoption of this chapter. To avoid undue hardship, nothing in this chapter shall require a change in the plans, construction, or designated use of any building or structure, provided that:
(1) A zoning permit has been issued within 60 days prior to the adoption of this chapter;
(2) That the construction of which shall have commenced within 30 days after the adoption of this chapter;
(3) That the construction is continuous until the building or structure is completed; and
(4) Actual construction is hereby defined to include the placing of construction materials in permanent position; except where demolition or removal of an existing building or structure has commenced preparatory to construction, provided that work shall be diligently carried on until completion of the building or structure involved.
(D) Repairs and maintenance. Nothing in this chapter shall prevent the reconstruction, repairing, or rebuilding of a nonconforming building, structure, or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 50% of the replacement value of the building or structure at the time the work is done, nor prevent compliance with the provisions of any city codes relative to the maintenance of buildings or structures; provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any nonconforming building or structure damaged by flood, fire, collapse, explosion, or Acts of God, subsequent to the date of this chapter, wherein the expense of the work does not exceed 50% of the replacement cost of the building or structure at the time the damage occurred.
(E) Nonconforming signs. Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a nonconforming use. Business signs on the premises of a nonconforming building or use may be continued, but the signs shall not be increased in number, area, height, or illumination. No sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.
(Ord. 106, passed 3-13-1995) Penalty, see § 150.99