(A) It is the purpose of this section to provide for the regulation on non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity.
(B) Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified, or subsequently amended.
(C) Nothing within this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector providing the necessary repairs shall not constitute more than 50% of fair market value of such structure. Said value shall be determined by the County Assessor.
(D) No non-conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the non-conformance into compliance with the requirements of this chapter.
(E) When a lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(F) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been so changed, it shall not thereafter be so altered to increase the non-conformity.
(G) If at any time a non-conforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, said value to be determined by the County Assessor, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the current regulations specified by these zoning regulations for the district in which such land and buildings are located, except a single-family dwelling may be restored or reconstructed to its former extent provided it has the same footprint, the same square footage and is in the same location as the original non-conforming dwelling. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Inspector.
(H) Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six months, following written notice from an authorized agent of the city, any future use of said structure or land shall be made to conform with the provisions of this chapter.
(I) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(J) Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof; provided, they will not increase the number of dwelling units or size or volume of the building; except that, existing residential structures with non-conforming side yard setbacks may be expanded in line with the existing structure; provided that, there is at least a three-foot side yard setback; at least six feet is maintained between the proposed addition and any structure on the immediately adjacent lot; the addition does not increase the non-conforming building line by more than 75% of the original length of the building; and expansion does not involve an attached garage.
(K) Any proposed structure which will, under this chapter, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continued to completion within two years. Such structure and use shall thereafter be a legally non-conforming structure and use.
(Ord. 827, passed 4-19-1983; Ord. 1061, passed 6-16-1992; Ord. 1168, passed 8-19-1997; Ord. 1285, passed 7-16-2002) Penalty, see § 157.999