The following regulations apply to all nonconforming structures and structures devoted to nonconforming uses as regulated by this Chapter 1130.
(a) Residential Use: Repairs, maintenance, alterations or improvements totaling less than fifty percent (50%) of the assessed value of the building may be completed on any building or structure that is determined to be devoted to a nonconforming use or is itself a nonconforming structure. However, the work is limited to ordinary repair/maintenance, or repair or replacement of non-bearing walls, minor electrical fixtures, wiring, minor plumbing or minor mechanical and requires the approval of the Chief Building Official, Zoning Administrator, and City Administrator, provided that:
(1) The dimensional characteristics of the building as it existed at the time of passage or amendment of this chapter is not increased. This does not allow for the separation or expansion of utility systems for nonconforming residential uses; and
(2) The building, structure or use has not lost its nonconforming status due to vacancy, discontinuance or abandonment.
(b) Commercial or Industrial Use: Repairs, maintenance, alterations or improvements totaling less than seventy-five percent (75%) of the assessed value of the building may be completed on any building or structure that is determined to be devoted to a nonconforming use or is itself a nonconforming structure. However, the work is limited to ordinary repair/maintenance, or repair or replacement of non-bearing walls, minor electrical fixtures, wiring, minor plumbing or minor mechanical and requires the approval of the Chief Building Official, Zoning Administrator, and City Administrator, provided that:
(1) The dimensional characteristics of the building as it existed at the time of passage or amendment of this chapter is not increased. This does not allow for the separation or expansion of utility systems for nonconforming commercial or industrial uses; and
(2) The building, structure or use has not lost its nonconforming status due to vacancy, discontinuance or abandonment.
(c) Residential Use: Repairs or maintenance totaling greater than fifty (50%) percent of the assessed value of the building may be completed for any reason and on any nonconforming structure or structure devoted to a nonconforming use. However, such repairs or maintenance will be permitted only in conformity with the provisions of the chapter. If deemed unfeasible and/or impractical, a property owner may seek a variance from the Board of Zoning Appeals (see Chapter 1105), assuming it can also be demonstrated that the original structure was consistent with the established character of the area.
(d) Commercial or Industrial Use: Repairs or maintenance totaling greater than seventy-five percent (75%) of the assessed value of the building may be completed for any reason and on any nonconforming structure or structure devoted to a nonconforming use However, such repairs or maintenance will be permitted only in conformity with the provisions of the chapter. However, when deemed unfeasible and/or impractical, a property owner may seek a variance from the Board of Zoning Appeals (see Chapter 1105), assuming it can also be demonstrated that the original structure was consistent with the established character of the area.
(e) Nonconforming Landscaping and Screening. Landscaping and screening must be brought into conformance with the requirements of Chapter 1145, to the satisfaction of the Zoning Administrator and City Administrator, whenever:
(1) The projected cost of repairs, maintenance, alterations or improvements exceeds thirty-five percent (35%) of the assessed value of the building for residential use;
(2) The projected cost of repairs, maintenance, alterations or improvements exceeds twenty-five percent (25%) of the assessed value of the building for commercial or industrial use;
(3) There is a change in use or occupancy of the building;
(4) The residential use of the building has been vacant, abandoned or discontinued for more than three (3) consecutive months;
(5) The commercial use of the building has been vacant, abandoned or discontinued for more than three (3) consecutive months;
(6) The industrial use of the building has been vacant, abandoned or discontinued for more than three (3) consecutive months.
The continuation of substandard landscaping and screening must be considered by the Zoning Board of Appeals through the variance process established under Chapter 1105.
(f) Assessed Value. For the purposes of enforcing the regulations contained in this section, the value of the structure will be determined by the most recent valuation of the structure for the purposes of taxation.
(g) Ordinary Repair/maintenance. Nothing in this section prevents ordinary repair/maintenance, or the strengthening or restoring to a safe condition of any structure or part thereof deemed to be unsafe by an official charged with protecting the public safety, upon order of such official.
(h) Unsafe or Unlawful Structure. A nonconforming structure, or portion of a structure, or a structure containing a nonconforming use that is physically unsafe or unlawful due to lack of repairs and maintenance, as determined by the Chief Building Official and Zoning Administrator, shall not be restored unless such structure and the use thereof thereafter conforms to the regulations of the district in which it is located.
(Ord. 113-2020. Passed 12-21-20.)