(A) Purpose: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this chapter that nonconforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity.
(B) General Provisions:
1. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings, structures, lots or uses becoming nonconforming.
2. Floodplains: Nonconformities in floodplains and shore land areas shall comply with requirements listed in chapters 5 and 6 of this title, respectively.
3. Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title, unless:
(a) Any nonconforming structure or use damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, and no building permit has been applied for within one hundred eighty (180) days of when the property was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(b) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed.
4. Lawful Nonconformities: Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved in accordance with section 10-3-6 of this title.
5. Setbacks: The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconforming setback shall be either the existing setback or the setback as otherwise specified in this chapter, whichever is less.
6. Change From Conforming To Nonconforming: When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
7. Change To Reduce Nonconformity: A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Ord. 011-642, 12-19-2011)