(A) Generally. This article sets out equitable rules for the continuing use, occupation, and conversion of nonconformities. A nonconformity occurs when existing development within the city may become affected by the application of new regulations. This change may cause existing uses, structures, lots, signs, and site improvements to not strictly comply with this Zoning Ordinance, even though they complied with the regulations in effect at the time they were permitted and constructed.
(B) Purpose. The purpose of this article is to:
(1) No expansion. Ensure that nonconforming uses do not expand;
(2) Protection. Protect conforming uses from nuisances that may be associated with nonconformities;
(3) Encourage conformance. Encourage property owners of nonconformities to alter a nonconforming use, structure, lot, sign, or site improvement into one that complies with the standards of this Zoning Ordinance;
(4) Elimination. Eliminate substantially damaged or abandoned nonconformities whose degrees of incompatibility with adjacent lands uses are high; and
(5) Balance. Balance the city's objective to eliminate nonconformities with a landowner’s right to maintain and make use of a nonconformity.
(C) Applicability. The regulations of this article govern uses, structures, lots, signs, and site improvements that came into existence legally but that do not conform to one or more requirements of this Zoning Ordinance. These are referred to as nonconformities. Nonconformities are permitted to continue without immediate retrofit or removal until significant site or land use changes are proposed.
(D) Major and minor nonconforming uses and structures. Nonconforming uses and structures are classified as major or minor, as follows:
(1) Major. Major nonconforming uses or structures are those that the Zoning Administrator finds have the following characteristics to such an extent that they should, over time, be eliminated:
(a) Generation of nuisances;
(b) Incompatibility with adjacent properties;
(c) Incompatibility with the Comprehensive Plan; or
(d) Generation of substantiated criminal complaints.
(2) Minor. Minor nonconforming uses or structures are those not classified as major nonconformities.
(3) Conversion. Refer to § 156.K.007, Conversion of Nonconformities, for provisions related to changing a minor nonconformity to a conforming use or structure.
(Ord. 15039, passed 4-11-2022)