ARTICLE 9: NONCONFORMING USES , BUILDINGS AND STRUCTURES

Section

9.1.   GENERAL

   9.1.1.   Introduction

   9.1.2.   Applicability

   9.1.3.   Continuation Permitted

   9.1.4.   Determination of Nonconforming Status

   9.1.5.   Repairs and Maintenance

   9.1.6.   Restoring Unsafe Structures

   9.1.7.   Tenancy and Ownership

9.2.   NONCONFORMING USE

   9.2.1.   Discontinuance of Nonconforming Use

   9.2.2.   Expansion of a Nonconforming Use

   9.2.3.   Substitution With a Use Within the Same Land Use Class

   9.2.4.   Substitution With a Use From a Different Land Use Class

   9.2.5.   Change in Nonconforming Status

9.3.   NONCONFORMING STRUCTURE

   9.3.1.   Reconstruction

   9.3.2.   Expansion

   9.3.3.   Loss of Nonconforming Status

   9.3.4.   Nonconforming Parking Areas

9.1. GENERAL

9.1.1. INTRODUCTION

   Uses, buildings , or structures that came into existence legally but that do not comply with one or more requirements of the Unified Development Code (UDC) may continue to operate or be used as provided below. A nonconforming use may be discontinued, resumed, expanded, or substituted with another nonconforming use , and nonconforming structures may be reconstructed or expanded as provided below, except for advertising and outdoor signs, which are regulated by the Sign Code, Article 7A, Sign Standards.

(Am. Ord. 11508, 12/5/2017)

9.1.2. APPLICABILITY

   This Article applies to nonconforming uses , buildings , or structures created by initial adoption of or amendments to the UDC . It also applies to nonconforming uses , buildings , or structures that were legal nonconforming under previously applicable ordinances and nonconforming created by the adoption of original City zoning for a newly annexed areas, even if the type or extent of nonconformity is different.

9.1.3. CONTINUATION PERMITTED

   Any nonconforming use , building , or structure that legally existed on January 2, 2013, or that becomes nonconforming upon the adoption of any amendment to the UDC or original City zoning may be continued in accordance with the provisions of this article.

(Am. Ord. 11070, 5/14/2013)

9.1.4. DETERMINATION OF NONCONFORMING STATUS

   The burden of establishing that a nonconforming use , building , or structure is a legal nonconformity, in all cases, is solely upon the owner of such nonconformity. Application requirements are established by the Planning and Development Services Department (PDSD) Director .

9.1.5. REPAIRS AND MAINTENANCE

   Incidental repairs and normal maintenance of nonconforming buildings or structures are permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by the UDC . Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to a safe condition to conform to the City ’s adopted Building or Fire Code.