Except as provided in this section, a nonconforming use or structure may be continued, even though it is not in conformity with the use, height, area and all other regulations for the zone in which it is located.
A. Normal Maintenance And Repairs: Normal maintenance of a nonconforming building or structure containing a nonconforming use is permitted, including structural alterations to the bearing walls, foundation, columns, beams or girders; provided, that:
1. No change in the basic use of the building occurs that would make the use less conforming to the zone.
2. No alterations which would enlarge the exterior structure are made.
B. Change To Conforming Use: A nonconforming use may be changed to a use allowable under the underlying zone. After a nonconforming use changes to a conforming use, it shall not, thereafter, be changed back to a nonconforming use.
C. Reinstatement Of Discontinued Use: A nonconforming use may be resumed if the discontinuation is for a period less than one year. If the use has been discontinued for a period greater than one year, the building or land shall thereafter be occupied and used only for a conforming use.
D. Rebuilding, Change, Moving Of Use:
1. Requirements; Findings: A nonconforming building or use may be rebuilt, moved or changed to a use of the same restrictive classification, subject to the provisions outlined herein, only if, upon public hearing, the planning commission finds all of the following to exist:
a. That such modifications are necessary because of practical difficulties or public need.
b. That such modifications are no greater than are necessary to overcome the practical difficulties or meet the public need.
c. That such modifications will not significantly interfere with the use and enjoyment of other land in the vicinity, nor detract from the property value thereof.
d. That such modifications will not endanger the public health, safety and general welfare.
2. Rebuilding: When a building or structure is damaged by fire or any other cause beyond the control of the owner, it may be rebuilt, so long as the cost of the renewal of the damage does not exceed one hundred percent (100%) of the current assessed valuation of the improvements on the property, using new materials. If the estimated cost of renewal is greater than the above, then such building or use shall be discontinued.
3. Change Of Use: A nonconforming use may be changed to a use of the same or a more restrictive classification, but not to a use of a less restrictive classification.
4. Moving: A nonconforming use may be moved to another location on its lot, provided the height and yard requirements of the zone in which it is located are met.
E. Enlargement Of Nonconforming Use Or Structure:
1. Requirements: A nonconforming use or structure may be enlarged only once. This enlargement must be approved by the planning commission. The expansion of a nonconforming structure shall not exceed twenty five percent (25%) of the floor area; the expansion of a nonconforming use shall not exceed ten percent (10%) of the land area currently occupied by the nonconforming use. The expansion of a nonconforming use or structure may occur only if the planning commission finds that:
a. The proposed enlargement will not have a significantly adverse impact upon the adjoining properties.
b. The proposed enlargement is necessary for the continued efficient operation of the existing use or structure.
c. The enlargement or expansion of the nonconforming use or structure is in keeping with the intent of the comprehensive plan.
2. Conditions: The planning commission may attach to the approval of the expansion of a nonconforming use or structure, conditions such as setbacks, screening, off street parking and unloading, construction standards and maintenance, and landscaping which may be deemed necessary to protect the public health, safety and welfare, the adjacent property owners and the public interest.
F. Adult Businesses: An adult business nonconforming use or structure may be replaced after a period of business closure or loss of structure only if an adult business is resumed or the city accepts a building permit application within six (6) months of such business closure or loss of structure. In addition to the requirements of this section, any change in the nature of the activities of an adult business nonconforming use shall be reviewed by the planning commission and may be permitted as a conditional use after a public hearing. (Ord. 652, 6-4-2008)