Except as is hereinafter provided by this chapter, the lawful use of a building or structure or of any land or premises lawfully existing at the time of the effective date of this chapter or at the time of a change in the official zoning maps may be continued, although such use does not conform with the provisions of this chapter.
(A) Changes in nonconforming uses. A nonconforming use may be changed only to a use conforming to the zone in which it is located. Once changed to a conforming use no building or land shall be permitted to revert to a nonconforming use.
(B) Increase of nonconforming use. A nonconforming use shall not be increased, except that permission to extend the use to any portion of a building or lot which portion was arranged or designed for such nonconforming use at the time of the passage of this chapter may be granted by the City Administrator subject to the provisions of this chapter, and further excepting that existing Mobile Home Parks or Manufactured Dwelling Parks may be expanded as a conditional use as provided in § 151.092.
(C) Vested right. Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of this chapter, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time construction was commenced.
(D) Discontinuance of nonconforming use. When a nonconforming use of a structure or property is discontinued for a period in excess of one year, the structure or property shall not thereafter be used except in conformance with the zone in which it is located. When the nonconforming use is a sign pertaining to a business product or service and 30 days have transpired since the business product or service has been offered to the public at the location of the sign, the use shall be discontinued.
(E) Unlawful use not a nonconforming use. No unlawful use of property existing at the time of passage of this chapter shall be deemed a nonconforming use.
(F) Restoration of nonconforming building or structure.
(1) A nonconforming building or structure which is damaged by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, to an extent not greater than 80% of the market value contained in the records of the County Assessor, may be restored and the occupancy or use of such building or structure or part thereof, which existed at the time of such partial destruction may be resumed, provided that the restoration is commenced within a period of one year and is diligently prosecuted to completion.
(2) The restoration or reconstruction of a nonconforming building or structure may not increase the floor area or create a greater nonconformance than existed at the time of damage or destruction.
(G) Conveyance of nonconforming use. Nothing in this chapter shall be construed to limit the sale, transfer or other conveyance of property on which exists a nonconforming building, structure or use, so long as such sale, transfer or other conveyance does not otherwise violate the provisions of this chapter.
(H) Restoration of conforming use on non-conforming lot. Nothing in this chapter shall be construed to prevent the reconstruction or replacement of a pre-existing building or structure conforming as to use on a nonconforming lot, so long as such lot did not become nonconforming in violation of the provisions of this chapter.
(I) Application for alterations or repairs.
(1) Alterations or repairs of a nonconforming use may be permitted to continue the use in a reasonable manner subject to the provisions of § 151.005 of this chapter.
(J) Conditions of approval for alterations or repairs.
(1) The value of alteration shall not exceed 50% of the assessed value of the structure or sign as determined by the County Assessor’s Office.
(2) The land covered by the structure shall not be increased.
(3) Alterations shall be permitted when necessary to comply with any lawful requirement for alteration in the use.
(4) To assure compatibility of a proposed alteration or repair with the surrounding area, additional conditions for approval may be required. Such conditions may include, but are not limited to, the following:
(a) Special yards and spaces;
(b) Fences and walls;
(c) Special parking and/or loading provisions;
(d) Street dedication and improvements or bonds in lieu of improvements;
(e) Control of points of vehicular ingress and egress;
(f) Special provisions for signs;
(g) Landscaping and the maintenance of grounds;
(h) Control of noise, vibration, odors or other similar nuisances;
(i) Limitation of time for certain activities;
(j) A time period in which a proposed use shall be developed; and
(k) A limit of total duration of use.
(K) General exceptions to lot size requirements.
(1) If a lot of record or series of contiguous units of land existing in a single ownership were created in compliance with all applicable laws and ordinances in effect at the time of their creation and have an area or dimension which does not meet the lot size requirements of the zone in which the property is located, the holding(s) may be occupied by a use permitted in the zone subject to other requirements of this chapter.
(2) Nothing in this chapter shall be interpreted to limit the sale, transfer or other conveyance of any such single lot of record or unit of land.
(L) General exception for approved subdivision. Nothing in this chapter shall be deemed to prohibit construction of conforming uses on nonconforming lots or the sale of said lots within subdivisions or land partitions approved prior to the adoption of this chapter, subject to other requirements of this chapter
(Ord. 372, passed 12-8-1997; Ord. 434, passed 3-10-2020; Ord. 435, passed 5-11-2020)