(A) (1) The purpose of this section is to provide for the regulation of 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 section establishes separate districts, each of which is an appropriate area for the location of uses that are permitted in that district.
(2) 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. It is the intent of this section that all non-conforming uses are eventually brought into conformity.
(B) A non-conforming structure or use lawfully existing on the effective date of this section may not be enlarged, but may be continued at the size and in the manner of operation existing on that date, except as otherwise specified in this section.
(C) Nothing in this section prevents the placing of a structure in safe condition when the structure is declared unsafe by the Building Official providing the necessary repairs may not constitute more than 50% of fair market value of the structure. The City Assessor determines the value.
(D) A non-conforming building, structure or use may not be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted on the effective date of this section unless the movement brings the non-conformance into compliance with the requirements of this section.
(E) If a lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it may not thereafter be changed to any non-conforming use.
(F) 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 changed, it may not thereafter be so altered to increase the non-conformity.
(G) If a non-conforming building, structure or use is destroyed to the extent of more than 50% of its fair market value, as determined by the City Assessor, then without further action by the City Council, the building and the land on which the building was located or maintained is, from and after the date of the destruction, subject to all the regulations specified by this section for the district in which such land the buildings are located. A building that is damaged to an extent of less than 50% of its value may be restored to its former condition. The Building Official makes the estimate of the extent of damage or destruction.
(H) If a lawful non-conforming use of a structure or land is discontinued for a period of six months, future use of the structure or lands must conform to the provisions of this section.
(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 that 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 the alterations will improve the livability thereof; provided they will not increase the number of dwelling units or size or volume of the building.
(K) A proposed structure that will, under this section, become non-conforming, but for which a building permit has been lawfully granted prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this code, is not abandoned for a period of more than 120 days and continues to completion within two years. The structure and use will thereafter be a legally nonconforming structure and use.
(Ord. passed - -2007)