(A) (1) Nonconformities in general. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of a land-use control under this chapter, except prohibited adults-only businesses; may be continued, through repair, replacement, restoration, maintenance, or improvements, but not including expansion, unless:
(a) The nonconformity or occupancy is discontinued for a period of more than 1 year; or
(b) The nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(c) Notwithstanding division (1) no nonconforming use or its replacement, maintenance, improvement, or expansion in floodplain areas, shall be contained if it would jeopardize eligibility in the National Flood Insurance Program, and or increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
(d) A nonconforming use may be extended throughout any parts of a structure that were manifestly arranged or designed for the use, but it shall not be extended to occupy any land or a larger area of land outside the structure.
(e) A nonconforming use shall not be enlarged, unless the Planning Commission approves a permit for an enlargement.
(f) On a building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repairs of walls, roofs, fixtures, wiring, or plumbing, provided that the cubic content of the building as it existed at the time of adoption or amendment of this code shall not be increased.
(g) Enlargement of nonconforming use. The Planning Commission may permit the enlargement of a nonconforming use if the commission makes the following findings:
1. The enlargement will not result in an increase in the number of dwelling units;
2. For enlargements of a structure, the enlargement will meet the yard, height, and percentage of lot coverage requirements of district;
3. The appearance of the enlargement will be compatible with the adjacent property and neighborhood;
4. Off-street parking is provided for the enlargement that meets the requirements for new structures in that district.
5. Rezoning the property would result in a "spot" zoning or a zoning inappropriate to surrounding land use; and
6. After the enlargement, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare;
7. The use is consistent with the comprehensive plan; and
8. A notarized petition of 2/3 of the property owners within 100 feet of the property has been submitted stating their support for the enlargement.
(2) The application for a permit enlarge a nonconformity shall include the petition, a site plan, floor plans, and other information as required by the Zoning Administrator to show all necessary facts to justify issuance of the permit.
(B) Mixed conformities.
(1) Legal nonconforming structures containing a conforming use or a structure containing a use nonconforming as to parking only. Where a legal nonconforming structure contains a use conforming use, or where a structure contains a use nonconforming as to parking only, such structure may be enlarged, altered or relocated so long as such enlargement, alteration, or relocation does not increase its nonconformity. Buildings accessory to a conforming use or accessory to a use nonconforming as to parking only may be added, provided such accessory buildings conform in all respects to the requirements of this section.
(2) Structure (conforming or nonconforming) Containing a Legal Nonconforming Use. Structures containing 1 or more legal nonconforming uses shall not be moved to a new location on the zoning lot, expanded, enlarged in any way, nor shall such use be intensified, except that the city planning commission may permit the relocation, expansion, enlargement, or intensification of such use or structure or any accessory structure, if it makes the following findings; and the relocation, expansion, enlargement, or intensification meets all the other applicable regulations of this section shall not authorize a use prohibited in the zoning district in which it is located to be expanded beyond the boundaries of its zoning lot):
(a) A rezoning of the property would be inappropriate.
(b) The enlargement, expansion, relocation or intensification will be compatible with adjacent property and the neighborhood.
(c) The enlargement, expansion, relocation, or intensification will not result in significant increases of adverse off-site impacts such as traffic, noise, dust, odors, and parking congestion.
(d) The enlargement, expansion, relocation or intensification, because of improvements to the property, will improve the appearance or stability of the neighborhood.
(e) In districts in which residential uses are allowed, the enlargement, expansion, relocation or intensification will not result in the creation or presence of more dwelling units or rooming units on the subject property than is allowed by the regulations of the district in which the property is located.
(f) The enlargement, expansion, relocation or intensification will not be located in the floodway district.
(3) Expansion of a nonconforming outdoor use. No nonconforming, principal outdoor use of land shall be expanded to occupy a greater area of land than was occupied on the date that such use first became a legal nonconforming use; nor shall such outdoor use be moved, in whole or in part, to any other portion of the lot or parcel than was occupied by such use on the date the use first became a legal nonconforming use, or otherwise intensified.
(C) Conditions and guarantees. The city planning commission may impose such conditions on any proposed enlargement, expansion, relocation, structural alteration or intensification of a nonconformity and require such guarantees as it deems reasonable and necessary to protect the public interest, and to ensure compliance with the standards and purposes of this section and the comprehensive plan.
(1987 Code, § 703.03) (Am. Ord. passed - -; Am. Ord. 507, passed 5-8-2007
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