Except as hereinafter provided the regulations set by this chapter shall apply to each class or kind of structure or land as follows:
(A) Building and land to conform. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, except as provided in division (J) of this section.
(B) Requirements not to be violated. No building, structure, or premises shall hereafter be erected, altered, or used so as to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller setbacks, front setbacks, side setbacks, or other open spaces than herein required; or in any manner contrary to the provisions of this chapter.
(C) Conformity of open space. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building.
(D) Existing setback or lot. No setback or lot existing at the time of passage of this chapter or amendment thereto, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after the effective date of this chapter or amendments thereto shall meet or exceed the minimum requirements established by this chapter.
(E) Offensive uses not to be authorized. No use shall be permitted or authorized to be established or maintained which, when conducted in compliance with the conditions of this chapter, and any additional conditions or requirements prescribed by the Planning Commission is or may become hazardous, noxious, or offensive due to emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, heat frequency, refuse matter, or water-carried waste.
(F) Stormwater management. No building permit shall be issued nor shall any plans be approved for zoning compliance in any district unless all requirements of Chapter 51 (Stormwater Management Code) have been complied with including the approval of any plans pertaining to said chapter.
(G) Unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(H) Building destroyed by calamity. Any building or structure which is damaged, partially destroyed or destroyed by fire, flood, wind, earthquake, or other calamity, may be restored except as set forth in division (J) (2) of this section; provided that such restoration, reconstruction, or repair shall be in accordance with provisions of Chapter 152 (Building Code). If no repair or reconstruction is made, the residual structure shall be removed by the owner thereof, at his expense, in accordance with the provisions of Chapter 152 (Building Code).
(I) (Reserved).
(J) Nonconforming uses or structures. Except as hereinafter specified, the lawful use of land or structures legally established prior to and existing at the time of the enactment of this chapter or amendments thereto may be continued, although such uses or structures do not conform with the provisions of this chapter for the district in which the land or structures are located.
(1) Nonconforming uses of open land or structure.
(a) Substitution. When authorized by the Commission, the substitution of a nonconforming use with another nonconforming use may be made.
(b) Nonconforming use changed to conform. Whenever a nonconforming use of land or structure has been changed to a conforming use the nonconforming use shall not thereafter be reestablished.
(c) Discontinuance. A parcel of land or a structure, nonconforming as to use, which is, or hereafter becomes vacant and remains unoccupied for a continuous period of two years, shall not thereafter be occupied, except by a use which conforms to the regulations of the district in which it is located.
(d) Calamity exception. If the discontinuance of a nonconforming use is a result of a major calamity (e.g. fire, flood or other event where there is significant property damage), the City Manager or his designee may extend the time period allowed in division (c), not to exceed six additional months.
(2) Structures nonconforming only in dimensional requirements of this chapter.
(a) Replacing damaged, nonconforming structures, or associated conforming uses. Any nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, may be reconstructed and used as before such happening provided that it be done within 12 months of such happening and that:
1. Said structure be constructed in its original height and configuration, or
2. Said structure replaced with a structure complying with all applicable development requirements; and
3. Reconstruction of such structure may utilize the original foundation while varying the original height within current maximum limits for the district.
(b) Repairs and alterations. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure provided no structural alterations shall be made except as permitted in division (J) (2) (c) of this section as required by law, or as authorized by the Commission.
(c) Expansion. Nonconforming structures may be expanded in size provided that extent of nonconformity is not increased. Only the Commission may authorize the expansion of a nonconforming structure in such a manner as to increase its extent of nonconformity.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 05-2002, passed 4-1-02; Am. Ord. 22-2008, passed 12-1-08) Penalty, see § 150.999