(A) Purpose. The purpose of this section is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this Zoning Code. The intent of this section is to specify the circumstances under which nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated.
(B) Applicability.
(1) Authority to continue.
(a) Any use, structure, or lot that was established legally as of the effective date of this Zoning Code, or its subsequent amendments, may continue as long as it remains lawful.
(b) Any use, structure, or lot that was established legally as of the effective date of this Zoning Code, or its subsequent amendments, and has been made nonconforming due to the regulations of this Zoning Code, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this section as long as it remains otherwise lawful.
(c) Any use, structure, or lot that was established illegally as of the effective date of this Zoning Code, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Zoning Code.
(2) Nonconforming status. The nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management.
(3) Burden of establishing legal status. The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this Zoning Code shall be the responsibility of the owner of such use, structure, or lot.
(C) Nonconforming uses.
(1) Applicability. A legal nonconforming use is the use of land or a structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code.
(2) Expansion of use. 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.
(3) Relocation of use. A legal 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.
(4) Damage or destruction of use. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value, then the use cannot be continued unless it meets the requirements of the zoning district in which the use is located.
(5) Change of use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the zoning district in which the use is located.
(6) Discontinuation or abandonment of use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least six months, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any period of discontinuance or abandonment caused by a government action or an act of nature shall not be included in the six-month period. Any subsequent use or occupancy of such land or structure shall meet the requirements of the zoning district in which the use is located.
(7) Multi-family dwelling units in the R-3 District. Multi-family dwelling units consisting of three dwelling units shall be deemed a legal nonconforming use in the R-3 District.
(D) Nonconforming structures.
(1) Applicability. A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code. For the purposes of this section, legal nonconforming structures shall include nonconforming on-site development, off-street parking and loading facilities, and landscape characteristics.
(2) Ordinary maintenance and repair. Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.
(3) Structural alterations, enlargements, and additions. Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:
(a) When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition upon the order of any official representative of the city.
(b) When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.
(c) When the alteration, enlargement, or addition will not create any new nonconformity or increase the degree of any existing nonconformity.
(d) When the alteration, enlargement, or addition expands the existing perimeter walls of a legal nonconforming single-family or two-family residential structure provided that it meets the following conditions:
1. The resulting structure will not create any new nonconformity or increase the degree of any existing nonconformity.
2. The resulting interior side setback is no less than 50% of the required interior side setback.
3. The resulting front, corner side, or rear setback is no less than 75% of the required front, corner side, or rear setback.
(4) Relocation. A legal nonconforming structure shall 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.
(5) Damage or destruction.
(a) In the event that a legal nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.
(b) In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that:
1. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.
2. A building permit is obtained for such repairs within one year of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.
(c) The replacement value of the legal nonconforming structure shall be established by:
1. The sale of the structure within the previous year, or if that is not applicable;
2. An appraisal of the structure within the last two years, or if that is not available;
3. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;
4. An alternative method determined acceptable by the city.
(E) Nonconforming lots of record.
(1) Applicability. A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code.
(2) Contiguous nonconforming lots of record. If two or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this Zoning Code, then the lots of record shall be developed as a single entity. A building permit shall not be issued for the development of such contiguous lots of record in violation of this section.
(3) Individual nonconforming lots of record in residential districts. In the R-1, R-2, and R-3 Districts, a single-family dwelling unit may be developed on a legal nonconforming lot of record provided that the owner of that lot of record, or a related party, does not own any lots of record that are contiguous to the subject lot of record and that the principal structure meets all of the bulk and yard requirements of the zoning district in which it is located.
(Ord. 17-31, passed 9-12-2017)