A. 
Purpose. These regulations are enacted for the purposes of governing nonconformity, regardless of whether it is a use, a structure or a lot.
B. 
Continuation. Except as otherwise specified in this article, any nonconformity which lawfully existed at the time of passage of the applicable provisions of this or any prior ordinance or any amendment thereto may be continued subject to the provisions of this article.
A. 
Changes or modifications. A nonconforming use may be changed to a conforming use pursuant to all applicable provisions of this chapter. When a nonconforming use has been made conforming, it shall not be made nonconforming again.
B. 
Discontinuance. Any nonconforming use that has been discontinued for any reason for a period of six consecutive months shall not be reestablished as a nonconforming use, and any future use of the property shall be in conformity with this article.
C. 
Rental housing as nonconforming uses. A rental house may lose its status as a nonconforming use if the police department or the City's Building and Zoning Administrator confirms that on three or more separate occasions within a nine-month period, civil or criminal citations have been issued at the residence, or the property is considered to be a public nuisance. Multiple citations issued to different people at a single address at the same time shall not be considered "separate occasions." If such a house loses its nonconforming status, it shall no longer be lawful to inhabit the property until the use changes to one that is permitted in that zoning district. In determining whether nonconforming uses shall be terminated, violations of the following shall be considered:
(1) 
Noise ordinance;
(2) 
Animal control ordinance;
(3) 
Housing code;
(4) 
Nuisance ordinance;
(5) 
Solid waste ordinance;[1]
[1]
Editor's Note: See Ch. 131, Noise; Ch. 89, Dogs and Other Animals; Ch. 121, Housing; Ch. 84, Buildings, Nuisance; and Ch. 113, Garbage, Rubbish and Refuse, respectively.
(6) 
Public conduct ordinance;
(7) 
Parking ordinance or off-street parking requirements as set forth in this chapter.
Existing buildings may be conforming in use but may not conform to the height, setback, yard, lot area, lot dimension, land coverage, off-street parking, loading or similar dimensional requirements of this chapter.
A. 
Changes or modifications. Such nonconformities shall not prevent normal maintenance and repair or structural repair as long as maintenance and repair do not increase said nonconformities. Any change or modification to a nonconforming structure, other than to full conformity, shall only be allowed subject to the following:
(1) 
Such a change or modification should seek to reduce the degree of nonconformity and shall not expand the degree of nonconformity;
(2) 
Such a change or modification shall not create any new nonconformity; and
(3) 
Such a change or modification shall be subject to review under the Article VI, Site Plan Review and Approval.
(4) 
When any portion of a nonconforming structure has been made conforming, it shall not be made nonconforming again.
B. 
Discontinuance. A nonconforming structure that has been demolished or moved shall not be re-built or relocated in any way other than in full conformance with the provisions of this chapter. Structures that have been damaged to the extent of more than 50% of the assessed value shall only be repaired or rebuilt in conformity with the provisions of this chapter.
Existing lots or parcels may contain conforming uses and structures but may not conform to the lot dimensions of this chapter. Development may occur on a nonconforming lot or parcel only in the following manner:
A. 
Existing small lots. Subject to site plan review and approval, existing lots or parcels may be developed for the purposes permitted in the district in which it is located even though not conforming to the minimum lot size requirements, provided such lot is not less than 2,000 square feet in area with a minimum width and depth dimension of 40 feet.
B. 
Required frontage or access. No land development will be permitted on lots that do not have frontage on a public road or have access to public waters. For existing lots or parcels, development shall be permitted, subject to site plan review and approval, if access to such road or public waters exists by permanent easement or right-of-way of at least 25 feet in width.
C. 
Changes or modifications. Changes and modifications to nonconforming lots are subject to the following requirements:
(1) 
No change shall be permitted to any nonconforming lot which would have the effect of increasing the density at which the property is being used, or increasing the structure located upon such lot, if the dimensional requirements and standards, including parking, of the underlying zoning district are not met as a result thereof.
(2) 
Any changes proposed on a nonconforming lot are subject to site plan review.
(3) 
A lot shall be considered nonconforming if there is not sufficient parking, as determined by the standards set forth by district in the Bulk and Use Tables.
(4) 
In such cases where a parking waiver or waivers may be or have been legally granted, such a waiver shall not be considered to increase the degree of nonconformity.