(A) Purpose and scope.
(1) This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.
(2) The provisions of this section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this chapter and enhance the character of the city. Any nonconforming use, structure or lot which lawfully existed as of July 6, 2010 and any use, structure or lot which has become nonconforming as a result of the adoption of this chapter or any subsequent reclassification of zoning districts or other amendment to this chapter, may be continued or maintained only in accordance with the terms of this section.
(3) This section is intended to regulate and limit the development and continued existence of uses, structures and lots established prior to the effective date of this chapter which do not conform to the requirements herein.
(4) For the purpose of this section, a building or structure lawfully constructed or established on the effective date hereof, shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to that date, and on which construction is begun within the required period of time as set forth in this chapter.
(B) Continuance of nonconforming building, structure or use. Any nonconforming building, structure or use which existed lawfully at the time of adoption of this chapter and which remains nonconforming upon the adoption of this chapter, or of any subsequent amendments thereto, is subject to the regulations which follow.
(C) Expansion of nonconforming use. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless the changes or structural alterations conforms to all the regulations of the district in which the building or structure is located.
(D) Change of nonconforming use. A nonconforming use shall not be changed to another nonconforming use, except where the proposed use is located in the same or a more restrictive zoning district than where the existing nonconforming use is first allowed and an application for the change has been submitted to and approved by the Planning and Zoning Commission. The application shall follow the application filing procedures for a variance request as outlined in § 152.019.
(E) Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use. The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(F) Discontinuance or abandonment of nonconforming structure or use.
(1) Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, the premises shall not thereafter be used or occupied by any nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
(2) Whenever a nonconforming use of a structure, or part thereof, has been discontinued for a period of 180 consecutive days, or whenever it is evident a clear intent on the part of the owner to abandon a nonconforming use, the use shall not after being discontinued be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located.
(G) Repairs and alterations of nonconforming structures.
(1) Repairs may be made to a nonconforming structure, provided that no structural alterations shall be made in or to a structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located. However, structural alterations may be made if they are required by law or are necessary to make the structure and use thereof conform to the regulations of the district in which it is located.
(2) No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:
(a) When the alteration will result in eliminating the nonconforming use; and
(b) A structure containing a residential nonconforming use may be altered or enlarged, provided that the enlargement or alteration itself conforms to the requirements of the zoning district, and provided no structural alteration shall be made which would increase the number of dwelling units The enlargement cannot exceed 25% of the existing building.
(H) Additions or expansions of nonconforming structures.
(1) A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations shall not be added to, expanded or enlarged unless the addition, expansion or enlargement conforms to all the regulations of the district in which it is located.
(2) A structure which is nonconforming with respect to yards, lot coverage or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.
(3) A nonconforming building or structure which is nonconforming only as to bulk shall not be added to or enlarged in any manner unless the additions and enlargements thereto are made to conform to all regulations of the district in which it is located.
(I) Restoration of a damaged nonconforming structure.
(1) A nonconforming structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration shall exceed 50% of the value based on the County Assessor’s records for the entire structure shall not be restored unless the structure and use conforms to the provisions of the zoning district in which it is located.
(2) If the cost of restoration of the damaged structure does not exceed 50% of the value based on the County Assessor’s records for the entire structure, no repairs or reconstruction shall be made unless the restoration is commenced within six months from the date of the fire or other casualty or act of God, and is diligently pursued until completion. The structure may be restored to its original condition and the occupancy or use of the structure may be continued which existed at the time of the partial destruction. Failure to initiate or conclude restoration within these limits shall constitute abandonment as previously described in division (F) of this section.
(J) Relocation of nonconforming structure. No building or structure shall be moved in whole, or in part, to any other location on the same or any other lot unless every portion of the building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(Ord. 10-3277, § 1-2.6, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 14-3444, passed 4-21-2014)