A nonconforming use and/or a nonconforming use of a structure may continue to exist, including transfers of ownership; provided, that its continuation shall comply with the requirements of this section.
(A) Nonconforming uses. A nonconforming use may be continued or replaced; provided, that:
(1) The use shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area of land or building floor area than it legally occupied before it became nonconforming.
(2) The use shall not be intensified so that the hours of operation are extended, the number of employees are increased, the occupancy capacity is increased, the volume of traffic or noise generated by the use is increased, or a greater amount of parking is required.
(3) The use may be replaced with another nonconforming use of a similar classification or a less intensive use in compliance with division (A)(2) of this section.
(4) Nonconforming uses within a multi-tenant commercial or industrial center or complex may be established or replaced by another similar nonconforming use when the Director of Community Development finds:
(a) That the new nonconforming use is, as per Title 9, Ch. 5, Art. 38, a similar classification to or less intensive than the use previously allowed in the center or complex;
(b) That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
(c) That the use of the entire center or complex has not been vacant or discontinued for a period of one year or more.
(5) An existing use that is authorized by a previously approved use permit, but is not allowed by the zoning code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed nonconforming.
(6) A use lawfully existing without an administrative use permit or use permit that would be required by the title to have such a permit approval in compliance with Title 9, Ch. 5, Art. 38 shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed nonconforming.
(B) Nonconforming structures. A nonconforming structure may be expanded, enlarged, repaired and maintained as follows:
(1) Expansion and enlargement. Nonconforming structures may be enlarged or extended to occupy a greater area of land or building floor area; provided, that any expansion or enlargement complies with all applicable requirements of this zoning code and does not increase the degree of nonconformity.
(2) Repair, maintenance and additional improvements. A nonconforming single-family dwelling or duplex may be maintained and repaired at the discretion of the owner. Nonconforming multifamily and nonresidential structures may be maintained, repaired and improved as follows:
(a) Repairs, maintenance and additional improvements up to 50% of the value of the structure.
1. No structural alterations are allowed except as set forth in division (B)(3) of this section.
2. The cost of the work done during any 12-month period shall not exceed 50% of the value of the structure as determined by the building official in compliance with the applicable building code.
(b) Repairs, maintenance and additional improvements greater than 50% of the value of the structure. Repairs, maintenance and additional improvements performed within a 12-month period, having a total cost greater than 50% of the value of the structure, may be authorized through administrative use permit approval; provided, that the review authority finds that the work will be a benefit to the city and the surrounding area.
(3) Seismic retrofitting, building and fire code compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures necessary to comply with building code and fire code requirements shall be allowed; provided, that the work is exclusively to comply with applicable earthquake safety standards and the building code and fire code.
(4) For purposes of this division, the cost of any required foundation work shall not be counted within the 50% limitation.
(Ord. 2163-C-S, passed 3-12-19)