[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.
[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.
[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]
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.
