(A) Generally. This chapter establishes separate and distinct districts, each of which is appropriate for certain specified uses and conditions. It is the purpose of this section to provide for the regulation of existing structures, uses, and lots that do not conform to the requirements of the district in which they are located and to specify the requirements, circumstances, and conditions under which the nonconforming structure, use, or lot may be continued. In furtherance of the goals and purpose of this chapter, it is also the intent of this section that all nonconforming uses shall eventually be eliminated or made to comply with the provisions of this chapter.
(B) Nonconforming uses.
(1) Except as otherwise provided in this division (B)(1), a nonconforming use shall not be enlarged, moved, or extended to occupy a greater area of land, but may continue at the size and intensity and in the manner of operation existing upon the date of its nonconformity.
(a) A nonconforming use may be enlarged or extended to occupy a greater area of land if any such enlargement or extension is required by the laws, rules, or ordinances of the county, the state, or the United States of America, or is necessary in order to comply with a written recommendation directed specifically to that use by any such governmental authority or an enforcement agency thereof having the authority to regulate the subject matter of the written recommendation, and if any such requirement or written recommendation relates to the health, safety, and/or welfare of the general public. Allowed enlargements or extensions pursuant to this division (B)(1)(a) include, but are not limited to, those done to comply with the requirements of Americans with Disabilities Act (ADA).
(b) A nonconforming use allowed to enlarge or extend pursuant to division (B)(1)(a) above may also enlarge or extend to regain any lost capacity to function in the manner the use is conducted, which capacity was lost as the result of compliance with any such law, rule, ordinance, or written recommendation of any such governmental authority. However, the recaptured capacity shall not exceed the area, size, height, or intensity of use of the original such capacity lost as a result of the compliance.
(c) A nonconforming use may be reconfigured if, in the discretion of the city, the reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety, and welfare. If a use is reconfigured, the property owner must enter into an agreement with the city, drafted by the City Attorney, stating, among other things, the purpose of the reconfiguration and that the nonconforming use will remain a legal nonconforming use.
(2) A nonconforming use may be continued through repair, replacement, restoration, maintenance, or improvement, but not expansion except as set forth in division (B)(1) above. When any nonconforming use has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(3) A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity.
(4) A nonconforming use shall not be re-established if discontinued for a continuous 1-year period, but shall remain in conformance with the provisions of this chapter, as amended.
(5) Any nonconforming use for which a license, permit, or other evidence of city approval was lawfully issued prior to the nonconformity may be conducted in accordance with the terms of the city’s mode of approval, provided that the use is started within 60 days of the date and has not been abandoned for a period of more than 120 days. The use shall thereafter be a legally nonconforming use.
(C) Nonconforming lots.
(1) A vacant nonconforming lot may be allowed as a buildable lot provided that all the following conditions are met:
(a) The lot is of record;
(b) No owner of any abutting lot has any potential ownership interest in the nonconforming lot through any relationship of blood, marriage, or business with any owner of the nonconforming lot;
(c) The lot was, within 1 year of the latest application for a building permit, previously occupied by a principal or accessory structure actually used for the same purpose or activity or in the same manner as the structure for which the permit is sought; or the proposed structure will meet all setback requirements which currently apply to the lot; and
(d) All other applicable requirements of this chapter are met.
(2) Nonconforming lots containing a principal structure may add a permitted accessory structure provided that the accessory structure will meet all minimum setback requirements of this chapter.
(3) Additions to principal or accessory structures located on nonconforming lots may be permitted provided that any such addition will meet all minimum setback requirements of this chapter.
(D) Nonconforming structures.
(1) Nonconforming principal structures shall not be enlarged or altered in a way which increases their nonconformity. Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding, a nonconforming structure may be reconfigured if, in the discretion of the city, the reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety, and welfare. If a nonconforming structure is reconfigured, the property owner must enter into an agreement with the city, drafted by the City Attorney, stating, among other things, the purpose of the reconfiguration and that the nonconforming structure will remain a legal nonconforming structure.
(2) If any nonconforming structure has deteriorated or is damaged by fire or other peril to the extent of 50% or more of its market value as determined by the county assessor and no building permit has been applied for within 180 days of when the property is damaged, any subsequent rebuilding or replacing of the structure shall conform to the terms of this chapter. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent if it is reconstructed within 12 months after the date of the damage. Estimates of the extent of damage shall be made by the building official.
(3) If a nonconforming structure is moved for any distance whatsoever, it shall conform to the regulations for the district in which it is located after it is moved, except as stated in division (D)(1) above.
(4) Normal repairs and maintenance necessary to keep a nonconforming structure in sound condition shall be permitted.
(5) Replacement, restoration, and improvement to a nonconforming structure shall be permitted.
(6) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building official, provided that a building permit has been applied for within 180 days of when the property is declared unsafe.
(7) Any nonconforming structure for which a building permit was lawfully issued prior to the nonconformity may be completed in accordance with the approved plans, provided that construction is started within 60 days of the date, is not abandoned for a period of more than 120 days, and continues to completion within 2 years. The structure and use shall thereafter be a legally nonconforming structure and use.
(8) The city may impose reasonable conditions upon a building permit that is applied for within 180 days after a structure is destroyed by fire or other peril to the extent of greater than 50% of its market value or is declared unsafe in order to mitigate any newly created impact on adjacent property.
(E) Nonconforming site improvements.
(1) Site improvements are those works or facilities required by this chapter for the use of the site or placed on the property at the option of the use occupying the land. Such improvements might include, by way of example, parking lots, landscaping, accessory buildings, trash enclosures, and screening.
(2) Except as otherwise provided in division (E)(4) below, nonconforming site improvements may continue to serve a principal use so long as no certificate of occupancy is required for the property pursuant to the city code.
(3) A certificate of occupancy may be issued for a portion of a multiple-occupancy building without bringing the existing site improvements for the entire building into compliance with this chapter so long as any nonconformity is not increased. If a multiple-occupancy building becomes completely vacant, its site improvements must be brought into compliance with this chapter prior to any future occupancy. This section shall not imply the loss of any vested rights expressed in this chapter with regard to nonconforming structures.
(4) Upon any change in occupancy, nonconforming paved parking areas may continue to be utilized without improvement if the number of parking places supplied remains adequate pursuant to the guidelines set forth in this chapter, and the paved surface has not, in the city’s judgment, deteriorated so as to be economically beyond repair. If the parking surface cannot be economically repaired for the new occupancy, then the parking lot surface must be replaced or otherwise brought into compliance with this chapter. Unpaved parking areas, when required, must be brought into compliance with this chapter prior to the issuance of any certificate of occupancy required pursuant to the city code because of a change of use.
(5) When expansion of an existing site improvement is required, the newly constructed portion of the site improvement shall meet all of the requirements of this chapter.
(Ord. 2009-5-1, passed 5-12-2009)