A. Change Of Regulations: If, at the time of adoption of these regulations or of any amendments thereto, or of any amendment thereof, resulting from the annexation of territory to the incorporated area of the city, any lot, structure or building was being used in an otherwise lawful manner that does not conform to the use provisions of these regulations, or if any structure or building was located or erected in an otherwise lawful manner that does not conform to the yard, lot coverage, height limit or parking and loading provisions of these regulations, the use of the location or erection shall be deemed to be a nonconforming use and may continue in the manner and to the extent that it existed or was being used at the time of adoption of these regulations. The nonconforming status will run with the lot, building, structure or use and shall not be affected by changes in ownership. (Ord. 14-21, 1-5-2015)
B. Continue Nonconforming Use: Any nonconforming use may be continued except that if any such nonconforming use is abandoned or desisted, or voluntarily or by legal action caused to be discontinued for a period of one hundred eighty (180) days, then any subsequent use of the building, other structure or use of the land shall be required to be in conformity with the provisions of these regulations.
C. Nonconforming Use Described: Any building for which a building permit has been issued prior to the adoption or amendment of these regulations and the erection of which is in conformity with the plans submitted and approved for the permit, but does not conform to the provisions of these regulations, shall be a nonconforming use.
D. Changes Permitted:
1. Routine maintenance and repairs or those modifications required by applicable health and safety codes shall be permitted.
2. A nonconforming building, structure or use may be enlarged, extended, reconstructed or structurally altered if the building, structure or use is changed to completely conform to the provisions of these regulations. (Ord. A-407, 3-15-1982; amd. Ord. 11-04, 4-18-2011; Ord. 12-04, 2-6-2012)
3. A building or structure conforming with respect to use but nonconforming with respect to height, setback, or lot coverage may be altered or extended if the alteration or extension does not further deviate from this title. Deviations not permitted by this section shall include any additional development which would not conform to the provisions of these regulations and/or increase the degree of nonconformity of the building or structure. This includes changes in the use or character of outdoor spaces such as covering of decks, porches, or balconies, or enclosing any outdoor living space. A nonconforming building or structure may not be extended vertically except in compliance with this title.
4. A nonconforming use may be expanded, subject to a conditional use permit, within the confines of the lot or parcel of land upon which it was located at the time of the adoption or amendment of these regulations; provided, however, that all standards for the applicable zoning district are met, and that the land area and/or size of building or structure being used for the nonconforming use at the time of adoption or amendment of these regulations is not increased by more than fifty percent (50%). (Ord. 06-04, 2-21-2006; amd. Ord. 11-04, 4-18-2011; Ord. 12-04, 2-6-2012)
5. If no structural alterations are made to a nonconforming building or other structure, a nonconforming use may, upon approval and issuance of a conditional use permit, be changed to another nonconforming use of the same or more restricted use classification, provided that the new nonconforming use is no more deleterious to the neighborhood, considering all factors, than was the previous nonconforming use.
E. Reconstruction Of Damaged Buildings:
1. Any nonconforming use or building so damaged or destroyed to the extent of more than fifty percent (50%) of the real value thereof, excluding foundation, then the nonconforming use of building and the land on which the use was located or maintained shall, from and after the date of such destruction, be subject to all the regulations of the use district within which such land and/or building(s) are located. The percentage of destruction shall be determined by the zoning administrator or his designee and shall be based on the estimated cost to repair or reconstruct to the original condition of the building.
2. Where any nonconforming building shall be destroyed to a degree less than fifty percent (50%), as specified above, the building or structure may be reconstructed to its original size and use upon the issuance of a building permit. (Ord. A-407, 3-15-1982; amd. Ord. 11-04, 4-18-2011; Ord. 12-04, 2-6-2012)