[Ord. No. 4190, 2-1-2021]
A. 
The purpose of this Article is to regulate and limit the development and continued existence of uses, structures, lots, signs, and site features that were lawfully established prior to the effective date of this Code, but that no longer conform to the requirements of this Code.
B. 
All such situations are collectively referred to in this Article as "nonconformities."
C. 
While nonconformities may continue, the provisions of this Article are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this Code and achieve the goals of the City.
D. 
The standards of this Article may be waived or modified in accordance with the procedures in Section 405.230, Variance, except where an alternative procedure is specified in this Article.
[Ord. No. 4190, 2-1-2021]
A. 
Authority To Continue.
1. 
Nonconformities may continue to be used, occupied and maintained subject to the requirements of this Article.
B. 
Illegal Nonconformities.
1. 
Uses, buildings, structures, lots, site features, and signs that were not lawfully established prior to the effective date of this Code are considered illegal nonconformities and will not become legal by virtue of its enactment.
2. 
Any use, building, structure site feature, or sign that is operated or constructed in a nonconforming manner without lawful authorization in accordance with provisions of this Code shall be deemed illegal nonconforming. All operation and/or construction shall cease until such time as proper and required approvals and permits are obtained.
3. 
Illegal nonconformities must be immediately brought into compliance with all ordinances of the City.
C. 
Determination Of Nonconforming Status.
1. 
The burden of establishing existing nonconforming status shall rest with the owner of the property containing the nonconformity.
D. 
Maintenance And Repairs.
1. 
Minor maintenance and repairs of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree or intensity of the nonconformity. Minor maintenance and repairs include:
a. 
Maintenance and repairs necessary to update the interior or exterior appearance or to mitigate unsafe conditions that do not expand the height or footprint of a structure or use, including installation or relocation of nonbearing walls, nonbearing partitions, fixtures, equipment, wiring, roofing, and plumbing.
b. 
Maintenance and repairs necessary to mitigate health, safety or environmental hazards that do not increase the nonconformity.
E. 
Damage Or Destruction.
1. 
When a nonconformity is damaged or destroyed by any intentional act of the owner or agent on behalf of the owner without a proper permit or approval, it shall not be restored except in conformity with the regulations of the district in which the nonconformity is situated and all other applicable regulations contained herein. Any additional nonconformities on the same property or associated with such nonconformity shall also lose any legal nonconforming status.
2. 
When a nonconformity is damaged by fire, explosion, act of God or the public enemy to the extent of less than fifty percent (50%) of its reasonable value, it may be restored to its original condition, provided that such work is commenced within one (1) year of such event.
3. 
When a nonconformity is damaged by fire, explosion, act of God or the public enemy to the extent of more than fifty percent (50%) of its reasonable value, it shall not be restored except in conformity with the regulations of the district in which the use is situated and all other applicable regulations contained herein.
F. 
Change Of Tenancy Or Ownership.
1. 
Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Article.
[Ord. No. 4190, 2-1-2021]
A. 
Use And Limitations.
1. 
Except as otherwise expressly authorized, a nonconforming use may not be changed to any use other than a use allowed within the zoning district in which the use is located.
2. 
When a nonconforming use has been changed, in whole or in part, to an allowed use, it may not be changed back to a use that is not allowed.
3. 
A change of use will be deemed to occur when an existing nonconforming use has been terminated and an allowed use has commenced.
4. 
Any change in use will be deemed an abandonment of the previous nonconforming use.
5. 
In the event that a nonconforming use is discontinued for a period of one (1) year, all nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.
B. 
Alterations.
1. 
Nonconforming uses shall not be enlarged, extended or expanded to occupy a greater area of land or structure unless such use is modified to conform to the requirements of this Code.
2. 
Nonconforming uses may be reduced in size or density and maintain legal, nonconforming status.
3. 
Maintenance and repairs shall conform to regulations outlined in Section 400.170(D), Maintenance and Repairs.
C. 
Relocation.
1. 
Nonconforming uses shall not be moved or relocated, in whole or in part, to any other portion of a parcel, lot or structure not already occupied by the use on the date of adoption or amendment of this Code, unless such move would render the use compliant with current regulations.
2. 
Nonconforming uses shall not be moved or relocated, in whole or in part, to any other/different location, parcel, lot or structure unless such move would render the use compliant with current regulations.
[Ord. No. 4190, 2-1-2021]
A. 
Use And Limitations.
1. 
A nonconforming building or structure may be utilized for or occupied by any use allowed in the applicable zoning district, subject to all applicable use standards.
B. 
Alterations.
1. 
Nonconforming buildings and structures shall not be enlarged, expanded, extended or structurally altered in any way that would increase the nonconformity.
2. 
Modification to buildings and structures that would result in any of the following conditions may be allowed:
a. 
The building or structure would conform to the requirements of this Code (for example, an existing one-story portion of a structure located over a setback line is removed and a two-story addition conforming to the setback requirement is constructed);
b. 
The reduction in the nonconformity (for example, a structure is located over the required setback and a portion of the structure is removed, but not enough to completely comply with the setback requirement);
c. 
The enlargement, expansion, extension or alteration conforms to current regulations (for example, a house is located over a setback on one side yard and an addition is constructed on the other side that conforms to the setback, not altering the side with the nonconformity); or
d. 
The alteration would not increase the nonconformity (for example, a building is taller than the maximum allowed height and a new tenant completes an interior remodel that does not change the height or area of the building).
e. 
Maintenance and repairs shall conform to regulations outlined in Section 400.170(D), Maintenance and Repairs.
C. 
Relocation.
1. 
Nonconforming buildings and structures shall not be relocated or moved, in whole or in part, for any reason or any distance on the existing parcel or lot or to a new parcel or lot, unless such relocation would result in the building or structure complying with the requirements of this Code.
[Ord. No. 4190, 2-1-2021]
A. 
Use And Limitations.
1. 
A nonconforming lot that was made nonconforming by virtue of enactment of this Code or dedication of a street right-of-way may be used for construction of a building allowed in the applicable zoning district, provided that all other zoning district and dimensional standards are met.
2. 
The boundaries of such lot may be altered so long as the adjustments do not increase the nonconformity (for example, a boundary adjustment increases the size of lot that is below the minimum lot area requirement, but not enough to make the lot conforming).
3. 
Should an existing structure located on a nonconforming lot be demolished, the legal nonconforming lot shall maintain buildable status and any new construction shall conform to the requirements of this Code.
[Ord. No. 4190, 2-1-2021]
A. 
Use And Limitations.
1. 
No action shall be taken that increases the degree of nonconformity of a site feature.
2. 
Nonconforming site features may be altered if the alteration reduces the degree of nonconformity.
B. 
Upgrading Of Nonconforming Site Features.
1. 
Nonconforming site features shall be upgraded to comply with this Code's minimum requirements when the following development activities occur:
a. 
An addition to or expansion of one (1) or more structures that, over a two-year period, would increase the total gross floor area of the structures by more than fifty percent (50%); or
b. 
A remodeling of one (1) or more structures that, over a two-year period, would cost more than fifty percent (50%) of the current assessed value of the structures.