(A) When a use, structure or lot legally exists prior to the adoption or amendment of this chapter, it shall be permitted to continue within the limits set forth in this chapter. Under such circumstances, it is said to have nonconforming status. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation. There are three types of nonconformities.
(1) Nonconforming uses. A nonconforming use is a use which is prohibited under this chapter, but which was granted conditional use approval or was lawfully established prior to the effective date of this chapter or any subsequent amendments.
(2) Nonconforming structures. A nonconforming structure is one which was lawful at the time of construction but which does not presently conform to chapter provisions and standards for the district in which it is located.
(3) Nonconforming lots. Nonconforming lots are those in existence on the effective date of this title or any subsequent revisions, which do not meet applicable minimum lot size or other dimensional requirements.
(B) Alteration. Nonconforming uses or structures may be continued but may not be altered, extended or expanded without being in compliance with provisions of this title. The extension or expansion of a nonconforming use to a portion of a structure which was designed and approved for the nonconforming use at adoption of this chapter shall not be considered an extension or expansion of the nonconforming use. A nonconforming structure may be altered only when such alteration is in compliance with all applicable standards of this chapter.
(C) Completion of structure. Nothing contained in this chapter shall require any change in the plans, construction, alteration, or designated use of a structure for which construction has been approved prior to the adoption of this chapter, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the effective date of this chapter.
(D) Replacement. Where a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent not exceeding eighty percent of its fair market value as indicated by the current assessment records of the City Clerk and is not returned to its original size, locations, and use and in actual operating condition within one year from the date of destruction, a future structure or use on the site shall conform to this chapter.
(E) Conformance.
(1) Where a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding eighty percent of its fair market value as indicated by the records of the City Clerk a future structure or use on the site shall conform to this chapter.
(2) Where a nonconforming use is replaced by another use, the new use shall conform to this chapter. If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to this chapter.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05)