(A) Generally. A building or structure is classified as nonconforming if it was lawfully constructed before the effective date of this Zoning Ordinance (or amendment hereto) and does not conform to the height, yard, density, intensity, building scale, or design standards that are applicable to the same type of building or structure in the zoning district in which the building or structure is located. Such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) Increase in nonconformity prohibited. No such structure may be enlarged or altered in any way which increases its nonconformity.
(2) Movement of structure. Should any on-site structure, in whole or in part, be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
(3) Minimum floor area. A residential dwelling unit having a lesser floor area at the time of the passage of this Zoning Ordinance than the minimum floor area required for the district in which it is located shall not be construed to be nonconforming.
(B) Repairs and alterations. Routine maintenance, including necessary non-structural repairs, paint, finish, and incidental alterations to a nonconforming structure is allowed without having to bring the nonconformity into compliance.
(C) Damage and reconstruction. If a major or minor nonconforming structure is damaged, partially destroyed, or deemed to be unsafe the structure may be restored to its original dimensions provided that:
(1) The original nonconformity is not enlarged, increased, or extended;
(2) A building permit is obtained for repairs within six months of the date the building was damaged;
(3) For a major nonconforming structure, the construction is commenced within six months after obtaining the required building permits;
(4) For a minor nonconforming structure, the construction is commenced within 12 months after obtaining the required building permits;
(5) For a major nonconforming structure, the damage or destruction does not exceed 50% of the gross floor area (GFA) of a nonconforming structure or 50% of the replacement cost of the structure; and
(6) For a minor nonconforming structure, the damage or destruction does not exceed 75% of the GFA of a nonconforming structure or 75% of the replacement cost of the structure.
(D) Existing nonconforming structures in a regulated floodplain or floodway. It is the intent of the city that no permanent buildings or structures be located or substantially improved in a regulated floodplain or floodway and that existing nonconforming structures shall be removed upon abandonment. As such, a property with an abandoned nonconforming structure in a regulated floodplain or floodway shall not be eligible for any development review approval until the property owner removes the abandoned nonconforming structure.
(E) Nonconforming density. Buildings on lots with nonconforming density may be expanded or extended as may be allowed by this Zoning Ordinance, but such expansions or extensions shall not create additional dwelling units.
(Ord. 15039, passed 4-11-2022)