(A) Nonconforming structures and uses may be continued, maintained and repaired, except as otherwise provided in this chapter.
(B) A nonconforming structure shall not be added to or enlarged in any manner unless the addition or enlargement is in compliance with the setback, coverage and height regulations of the district in which it is situated. The addition or enlargement may project into a setback where necessary to match the building line of the existing nonconforming structure.
(C) (1) A nonconforming use shall not be permitted to intensify. For purposes of this section, intensification shall be deemed to include, but not be limited to the following:
(a) The use is expanded or spread into a building or addition in which the use was not conducted on the effective date of this chapter unless the enclosure of the use would bring the same into conformance.
(b) Open display, parking or outside storage is expanded or spread to portions of the lot which were unoccupied on the effective date of this chapter.
(c) Any structure is added which has a direct connection to the reason for the nonconforming nature of the use.
(2) Notwithstanding division (C)(1) above, a nonconforming single-family use may intensify; provided that any addition or structure built on or moved to the lot shall comply with the setback, height and coverage regulations of the R-1 district, or the district in which the use is located, whichever regulations are more restrictive. The addition or structure may project into a setback where necessary to match the building line of an existing nonconforming structure occupied as dwelling.
(3) Restoration or replacement of the building(s) associated with a lawful, nonconforming use is permitted when restoration or replacement is made necessary by fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within one year of the damage or destruction. The restoration or replacement shall not exceed the size of the building(s) to be restored or replaced. To the extent that the total deterioration exceeds 60% of the cost of replacement of the building(s) using new materials, any restoration or replacement shall be subject to the regulations specified for the zoning district in which the land and building(s) are located.
(D) (1) It is the policy of the city that eventually over time, the use of a lot shall come into compliance with the district in which it is located. This section shall be interpreted and administered in conformance with this policy.
(2) When a change in use is proposed for a lot which was last occupied by a nonconforming use, then the lot shall be re-occupied only by:
(a) Other permitted uses of the most restrictive district in which the last use is specifically listed as permitted use;
(b) Permitted uses of districts more restrictive than the district determined in division (D)(2)(a) above; or
(c) Permitted uses of the district in which the lot is located.
(3) If the new use reoccupying the lot pursuant to division (D)(2) above is in noncompliance with the district in which the lot is located, then it shall be deemed a nonconforming use.
(E) (1) A nonconforming portion of a structure which is intentionally destroyed or demolished by the owner of the same shall not be rebuilt or restored except in compliance with applicable setback, coverage and height regulations. This requirement shall not apply to intentional destruction or demolition which is necessary to the proper reconstruction or restoration of the affected structure following a sudden natural or man-made disaster, provided the physical restoration or reconstruction is lawfully commenced within one year of the damage or destruction.
(2) If a lot is not occupied by a nonconforming use for a continuous period of one year, it shall not thereafter be re-occupied, except by a permitted use of the district in which the lot is located. For purposes of this division, a lot which has no water usage according to official records of the city shall be presumed to be "not occupied."
(Prior Code, § 13-652) (Am. Ord. 1776, passed 12-5-06; Am. Ord. 1974, passed 8-6-19)