21-8-2.2: DETERMINATION OF NONCONFORMANCE STATUS:

In other than criminal proceedings, the owner, occupant or user shall be solely responsible to demonstrate that a nonconforming structure, lot or use was lawfully established prior to the effective date of this chapter. (Ord. 18-880, 7-23-2018)

21-8-2.3: CHANGE OF OWNERSHIP OR TENANCY:

Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities may continue (and may not be expanded) and shall be subject to the provisions of this article. (Ord. 18-880, 7-23-2018)

21-8-2.4: MAINTENANCE AND MINOR REPAIR:

Minor repairs or maintenance of nonconformities are permitted, provided that the minor repairs and maintenance do not increase the extent of nonconformity. For purposes of this section, "maintenance or minor repair" shall mean:

   A.   Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure, utilizing the same materials and methods, without expanding the building or structure;

   B.   Maintenance of land areas to minimize health and environmental hazards; and

   C.   Repairs that are required to remedy unsafe structural conditions that cause a threat to public safety and/or welfare. (Ord. 18-880, 7-23-2018)

21-8-3: NONCONFORMING BUILDINGS AND STRUCTURES:

21-8-3.1: CONTINUANCE:

An existing building or structure that lawfully existed as of the effective date of this chapter and such structure that remains nonconforming, and any nonconformity that is created as a result of the adoption of this chapter or any subsequent amendment to the text of this chapter, may be continued or maintained as a nonconformity only in accordance with the terms of this section 21-8-3. (Ord. 18-880, 7-23-2018)

21-8-3.2: EXPANSION, ENLARGEMENT AND MODIFICATION:

A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity, unless expansion or alteration of a nonconforming structure complies with development standards of the zoning district in which it is located, including but not limited to, setbacks applicable to the use for new construction, parking regulations and landscaping and screening requirements of this chapter, and all other applicable codes and ordinances of the City. (Ord. 18-880, 7-23-2018)

21-8-3.3: DESTRUCTION AND REPLACEMENT:

Any nonconforming structure when damaged or destroyed by fire, flood, or similar abnormal and identifiable event, is subject to the following criteria to determine their future status:

   A.   If more than fifty percent (50%) of the current assessed value of any nonconforming structure is destroyed, it shall not be reconstructed unless the structure is reconstructed in conformance with all the applicable and current requirements of this chapter.

   B.   If less than fifty percent (50%) of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted (and subsequently approved) within one hundred eighty (180) days after the date of destruction, provided the resulting structure complies with current Building Codes and the size and function of the nonconforming use shall not be expanded. Upon written request, the Zoning Administrator may grant a one-time extension not to exceed ninety (90) days for the submittal of a building permit application.

   C.   A mutually agreed upon appraiser, paid for by the owner, shall determine the above assessed value. The Zoning Administrator has the discretion to obtain a second opinion of value, at the City's expense, if he/she so desires. (Ord. 18-880, 7-23-2018)

21-8-4: NONCONFORMING USES:

21-8-4.1: EXPANSION, ENLARGEMENT AND MODIFICATION:

Any nonconforming use of land or a nonconforming use of a conforming structure that is not in compliance with this chapter shall not be enlarged, extended, moved, or substituted unless the use is brought into compliance with this chapter. However, reasonable repairs and alterations are permissible in accordance with the provisions of section 21-8-2.4 of this article. (Ord. 18-880, 7-23-2018)