(a) Purpose. Within the districts established by this Zoning Code, or by amendments thereto, there may be lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Zoning Code was adopted or amended, but which now are prohibited, regulated, or restricted under the terms of this Code. Nevertheless, while it is the intent of this Code that such nonconformities be allowed to continue until they are removed, they should not be encouraged to survive. Therefore, no nonconformity may be moved, extend, altered, or used for any other use or structure not permitted elsewhere in the district except as otherwise specifically provided for in this Code.
(b) Nonconforming Uses. All nonconforming use shall be regulated according to the following provisions:
(1) Substitution of Nonconforming Uses.
A. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, as determined by the Planning Commission, provided no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure.
B. Whenever a nonconforming use has been changed to a less intense nonconforming use, such use shall not thereafter be changed back to a higher intensity non-conforming use. Intensity shall be determined by reviewing the demand created by the number of employees, number of patrons, parking requirements, or other similar factors.
C. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
(2) Continuation of a Nonconforming Use. Where, at the time of adoption of this Zoning Code, lawful uses of land or structures exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful provided that:
A. Any nonconforming use that is damaged by natural causes, such as a fire, flood, or earthquake, may be reestablished as long as it is done within two (2) years of when the damage occurred.
B. Any nonconforming use may be extended throughout its existing building provided no structural alternations are made other than those ordered by the Building Commissioner to assure the safety of the building or structure.
(3) Expiration of a Nonconforming Use. If a non-conforming use is vacated or abandoned for any reason for a period of at least one (1) year, the use shall lose its nonconforming status and may not be re-established. Any new use that occupies the subject property shall conform to the regulations of this Code.
(4) Conditional Nonconforming Uses. Any use existing at the time this Code was adopted, which is permitted as a conditional use in a district under the terms of this Zoning Code shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use.
(c) Nonconforming Site Conditions.
(1) Repair, Maintenance, Alterations, and Expansions. When a conforming use does not comply with the site development regulations of this Zoning Code (including, but not limited to, lot size, setbacks, and lot width), the Building Commissioner shall only issue a permit for the repair, maintenance, alteration, or expansion of said structure or site conditions when it is determined that:
A. No other requirement of this Zoning Code is being violated, and the extent of nonconformity is not increased, or
B. The alteration brings the site into full conformity with the district regulations.
(2) Reconstruction of Nonconforming Structure. If a nonconforming structure is demolished by natural causes, the structure can be reconstruction in the exact footprint of the original nonconforming structure. The structure may be expanded from the exact footprint of the original nonconforming structure if the expansion conforms with all applicable zoning regulations for the district in which the property is located. The structure must be issued a building permit for the reconstruction within two (2) years of when the structure was demolished. (Ord. 2022-34. Passed 1-9-23.)