All nonconforming buildings and structures, nonconforming uses of land or structures, and nonconforming lots shall comply with the following provisions.
(A) Intent of provisions.
(1) Nonconforming uses, buildings, and structures, and nonconforming lots are incompatible with and often detrimental to nearby permitted uses, structures, and lots, and land in the zoning districts in which they are located; they cause disruption of the comprehensive land use pattern of the city; and they may inhibit present and future development of nearby properties.
(2) It is the intent of this chapter to limit expansion of nonconforming buildings and structures and to eliminate nonconforming uses.
(3) It is the intent of this chapter to limit expansion of nonconformities shall not further depart from requirements of this chapter. A variance shall not be granted by the Zoning Board of Appeals having the effect of increasing the degree of existing nonconformity.
(B) General provisions.
(1) There may be a change of tenancy, ownership, or management of any existing nonconforming use of land or structure, provided there is no change in the nature or character of such nonconforming use.
(2) Uses of land or structures existing prior to the enactment of this chapter, which are listed as special land uses in the district in which they are located, shall not be considered as nonconforming uses, but shall be deemed a conforming use in such district without further action. However, any expansion in conformance with this chapter shall require a special use permit issued by the Planning Commission.
(3) A nonconforming use may be changed to another nonconforming use only if the Planning Commission finds the proposed use to be more appropriate to the district than the existing nonconforming use.
(4) Any building or structure, parcel of land, or building and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall not thereafter be devoted to any use other than those uses which are permitted in the district in which the structure or land is located.
(C) Nonconforming building and structure. Any nonconforming building or structure may be continued subject to the following provisions.
(1) A nonconforming building or structure may not be enlarged or structurally altered in any manner which increases the nonconformity. Expansions of nonconforming buildings may be permitted by right, so long as any expansion or alteration conforms to all requirements of this chapter.
(2) Should any nonconforming building or structure be destroyed by any means to an extent of more than 50% of its true cash value, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) Should such building or structure be moved from the lot or parcel or relocated on the lot or parcel, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(D) Nonconforming use of buildings. Nonconforming uses of structures may be continued subject to the following provisions.
(1) A nonconforming use shall not be relocated from one parcel to another.
(2) When a nonconforming use of a building is discontinued or ceases to exist for six consecutive months, the building shall not thereafter be used except in conformance with the regulations in the district in which it is located.
(3) If the nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, the nonconforming uses shall not be reestablished and any subsequent use of such land shall conform to the requirements of this chapter.
(4) There may be a change of tenancy, ownership, or management of any existing nonconforming use of land, provided there is no change in the nature or character of such nonconforming use.
(E) Nonconforming uses of land. Nonconforming uses of land may be continued subject to the following provisions.
(1) A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) If the nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, the nonconforming uses shall not be reestablished and any subsequent use of such land shall conform to the requirements of this chapter.
(4) There may be a change of tenancy, ownership, or management of any existing nonconforming use of land, provided there is no change in the nature or character of such nonconforming use.
(F) Nonconforming lots.
(1) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lots fail to meet the requirements for area, or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations for the district in which such lot is located. For existing lawful lots of record located within a zoning district other than R-1 or R-2, buildings on such lot shall require site plan review and approval by the Planning Commission. The Planning Commission shall seek to achieve conformance with requirements of this chapter, to the degree which it deems reasonable.
(2) If two or more contiguous lots or parcels or combinations of lots in single ownership are of record at the effective date of this chapter, [but] do not meet the requirements for lot width and area as established by this chapter, the lots or parcels shall be considered as one for the purpose of this chapter, and no portion of said lots or parcels shall be built upon or occupied except in conformance with requirements of this chapter, shall any division of the lots or parcels be made.
(Ord., § 401, passed 6-11-2002)