A. Purpose: The purpose of this chapter is to regulate the continued existence of nonconforming uses, noncomplying structures, noncomplying lots and legal conforming dwellings as defined in chapter 21A.62, "Definitions", of this title. While nonconforming uses, noncomplying structures and improvements may continue, this chapter's purpose is to limit enlargement, alteration, restoration, or replacement which would increase the level of nonconformity or noncompliance.
1. Nonconforming uses include legal principal and accessory uses, which do not conform to the use regulations of this title in the zoning districts in which such uses are located.
2. Noncomplying structures and improvements include legally constructed principal and accessory buildings, structures and property improvements, that do not comply with the applicable bulk and/or yard area regulations and design standards of this title such as setbacks and parking in the zoning districts in which the buildings or structures are located.
3. This chapter also provides standards for legal complying lots and dwellings. The legal complying status permits continued use and/or replacement of structures subject to the standards of this chapter.
B. Intent: The intent of this chapter is to allow continued use of legal nonconforming uses, noncomplying structures and legal conforming dwellings, while at the same time protecting existing conforming development within the community. Certain nonconformities are permissible as is their continued use so long as in their particular location they are not detrimental to the surrounding neighborhood. Nonconforming uses that are determined to create a nuisance or are a potential hazard to a community or neighborhood may be eliminated through amortization. (Ord. 65-14, 2014)