The regulations of this chapter govern uses, structures, lots
and other situations that came into existence lawfully but do not
comply with one (1) or more requirements of this Code. These types
of situations are said to be nonconforming. The intent of this chapter
is to clarify the effect of such nonconforming status and avoid their
confusion with illegal buildings and uses. These regulations recognize
the interests of landowners in continuing to use and maintain their
properties for uses and activities that were lawfully established.
The regulations also seek to encourage continued maintenance, rehabilitation,
and reuse of existing buildings and structures. However, these regulations
also place limitations on nonconformities that have the potential
to adversely affect surrounding properties.
This chapter applies to nonconformities created by the adoption
of this Code or subsequent amendments to it and to those nonconformities
lawfully existing at the time of adoption of this Code.
A nonconforming use is one (1) that was lawfully established
in accordance with the zoning requirements in effect at the time of
the use’s establishment but that is no longer permitted by the
use regulations of the zoning district in which the use is now located.
This includes existing nonconforming use of part or all of a structure
or any lawfully existing nonconforming use of land, not involving
a structure or only involving a structure which is accessory to such
use or land.
A. Continuation.
Nonconforming uses may remain, subject to the regulations of this
section.
B. Alteration
and Expansion.
1. Except as expressly prohibited by this section, the Development Services
Director is authorized to permit a nonconforming use to expand into
another part of the same building or alter or expand the existing
building, provided that the Development Services Director determines
that such alteration or expansion:
a. Will not result in a violation of off-street parking or loading requirements;
b. Will not violate any applicable dimensional standards;
c. Will not result in greater adverse impacts on the surrounding area,
with respect to noise, traffic generation, odor or other environmental
effects; and
d. Is not expressly prohibited by paragraph 2 below.
2. The following nonconforming uses may not be expanded:
a. A nonconforming business or manufacturing use in a residential district.
b. A nonconforming residential use in a business or manufacturing district
if such expansion increases the number of dwelling units or the area
of the zoning lot.
C. Relocation.
A nonconforming use may not be relocated in whole or in part to any
other lot or parcel unless the relocation brings the use into compliance
with all regulations of the zoning district into which it is relocated.
D. Change
or Substitution of Use.
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. 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. A change of use will be
deemed to occur when an existing nonconforming use has been terminated
and an allowed use has commenced. Any change in use in violation of
this chapter will be deemed an abandonment of the previous nonconforming
use.
2. The City Council may permit the substitution of one (1) nonconforming
use for another nonconforming use within the same use category, provided
that the substituted use will create no greater adverse impacts on
the surrounding area than the previous use. In making such a determination,
the City Council may consider the following factors:
b. Vehicular traffic generation;
c. The number of employees, patrons or other people expected to be attracted
to the use; and
d. Other factors likely to affect the neighborhood in which the use
is located.
3. If the City Council approves a use substitution, the previous nonconforming
use is deemed to have been abandoned. In permitting such a change
in use, the City Council may impose conditions on the substituting
nonconforming use.
E. Loss
of Nonconforming Status; Damage or Destruction.
1. If a nonconforming use is discontinued for a period of six (6) continuous
months or more, all nonconforming use rights are lost and reestablishment
of the nonconforming use is prohibited.
2. If a building or structure occupied by a nonconforming use is damaged
or destroyed by fire, explosion, flood or other means that is not
within the control of the property owner or tenant, to an extent of
more than fifty percent (50%) of the replacement value of the building
and/or structure it may not be reestablished except in compliance
with all regulations applicable to the zoning district in which it
is located. This provision does not apply to single-family dwellings,
which may be reestablished in any zoning district in compliance with
paragraph 3, below.
3. If a building, structure or property occupied by a nonconforming
use is damaged or destroyed, by any means not within the control of
the property owner or tenant, to an extent of fifty percent (50%)
or less of the replacement value, it may be repaired, reconstructed
or restored provided that no new nonconformities are created and that
the existing degree of nonconformity is not increased. A building
permit must be obtained for such rebuilding, restoration, repair or
reconstruction within six (6) months of the date of damage or destruction,
and the construction must be initiated within one (1) year of issuance
of the building permit, and diligently pursued. If a building permit
is not obtained within six (6) months, then the building and/or structure
and use may be reestablished only if it complies with all regulations
of the district in which it is located.
4. In the event that any building, structure or property occupied by
a nonconforming use is damaged or destroyed by a means within the
control of the property owner or tenant, the building and/or structure
and use may be restored or repaired only in compliance with all regulations
of this Code.
5. No use which is accessory to a principal nonconforming use may continue
after such principal use ceases or is terminated.
A nonconforming building or structure is one (1) that was lawfully
established in accordance with the zoning requirements in effect at
the time of its establishment but that is no longer in compliance
with one (1) or more dimensional standards of this Code. Common examples
of nonconforming buildings or structures are those that do not comply
with current setback, height or building coverage requirements.
A. Continuation.
Nonconforming buildings or structures may remain, subject to the regulations
of this section.
B. Use. 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 of Chapter
420.
C. Alteration
and Expansion. The Development Services Director is authorized to
permit the alteration, expansion, enlargement or increase in size
of a nonconforming building or structure provided that he/she determines
that such alteration or expansion:
1. Will not result in a violation of off-street parking or loading requirements;
2. Will not create any new nonconformities with respect to bulk or density
standards; and
3. In the case of an addition that will expand a nonconforming building,
the addition will not encroach any further into the existing setbacks,
further increase nonconforming building height or increase nonconforming
building coverage.
D. Relocation.
A nonconforming building or structure may not be relocated in whole,
or in part, to any other location on the same lot or parcel, or to
any other lot or parcel, unless the relocation brings the building
or structure into further or full compliance with the regulations
of the zoning district in which it is relocated. This provision may
not be interpreted as prohibiting the elevation of a nonconforming
building or structure for the purpose of floodproofing or repair.
E. Loss
of Nonconforming Status; Damage or Destruction.
1. If a nonconforming building or structure is damaged or destroyed
by fire, explosion, flood, or other means that is not within the control
of the property owner or tenant to an extent of more than fifty percent
(50%) of the replacement value of the building or structure, it may
not be reestablished except in compliance with all regulations applicable
to the zoning district in which it is located. This provision does
not apply to single-family dwellings which may be fully reestablished
in any zoning district in compliance with paragraph 2 below.
2. If a nonconforming building or structure is damaged or destroyed
by any means not within the control of the property owner or tenant
to an extent of fifty percent (50%) or less of the replacement value,
it may be repaired, reconstructed or restored provided that no new
nonconformities are created and that the existing degree of nonconformity
is not increased. A building permit must be obtained for such rebuilding,
restoration, repair or reconstruction within six (6) months of the
date of damage or destruction, and the construction must be initiated
within one (1) year of issuance of the building permit, and diligently
pursued. If a building permit is not obtained within six (6) months
or the repairs or restoration are not initiated within one (1) year
of the issuance of the building permit, and diligently pursued, then
the building or structure and use may be reestablished only if it
complies with all regulations of the district in which it is located.
3. In the event that any nonconforming building or structure is damaged
or destroyed by a means within the control of the property owner or
tenant, the building or structure and use may be restored or repaired
only in compliance with all requirements of this Code.
A nonconforming lot of record is a tract of land designated
on a duly recorded subdivision plat, by a duly recorded deed or by
other lawful means that does not comply with minimum lot area or lot
width regulations of the zoning district in which it is located. No
nonconforming lot of record may be improved except in compliance with
this section.
A. Use. Any lot that became nonconforming upon the effective date specified in Section
400.020 or any subsequent amendment and does not meet the requirements of this Code for lot area or lot width may be developed with a use that is permitted within the applicable district. Unless a variance is approved by the Board of Adjustment, all construction upon a nonconforming lot shall be in compliance with the bulk and dimensional standards of the applicable zoning district.
B. Criteria
for Use of Nonconforming Lots of Record. Upon compliance with the
provisions of this section and other applicable provisions of this
Code, the Development Services Director may issue a zoning certificate
if the subject lot and proposed development meets the following criteria:
1. The lot can meet all other bulk and density requirements for the
district in which it is located; and
2. Utilities servicing the lot can be connected to a public sewer system
or the lot can meet the minimum sanitary sewer and storm sewer requirements
of the City.
Nonconforming signs are those that were lawfully established
but no longer comply with the sign regulations of this Code.
A. Continuation.
A nonconforming sign may remain, subject to the regulations of this
section.
B. Alteration
and Expansion. A nonconforming sign cannot be enlarged, expanded or
otherwise improved except for the purpose of normal maintenance and
incidental repairs. The only alteration to a nonconforming sign that
is permitted is a change in the sign face, the words or symbols used
or the message displayed, only to advertise an activity, business
or use conducted or a product sold on the premises where the sign
is located, provided that the sign is not abandoned, as defined in
Paragraph E of this section. Any other alteration or change must be
to bring the nonconforming sign into compliance with the regulations
of this Code.
C. Relocation.
A nonconforming sign cannot be relocated in whole or in part to any
other location unless the relocation results in the entire sign being
brought into compliance with all applicable regulations of this Code.
D. Loss
of Nonconforming Status; Damage or Destruction.
1. If a nonconforming sign is damaged or destroyed by any means not
within the control of the property owner to the extent the that the
estimated expense of repairs exceeds fifty percent (50%) of its replacement
value, the sign must be removed or otherwise brought into compliance
with the regulations of this Code. Removal of a nonconforming sign
must include removal of the sign face, all support structures and
lighting apparatus.
2. If a nonconforming sign is damaged or destroyed by a means within
the control of the property owner or tenant, the sign may be restored,
repaired or replaced only if the sign is in compliance with all requirements
of this code.
E. Abandonment.
Any nonconforming sign that no longer advertises an activity, business
or use conducted or a product sold on the premises where the sign
is located will be deemed to be abandoned after a period of ninety
(90) days. All abandoned signs must be removed or brought into full
compliance with the regulations of this Code.
Nonconforming components of use are those elements of a property
that are not in conformance with the regulations of this code.
A. Continuation.
A nonconforming component of use may remain subject to the regulations
of this section.
B. Alteration
and Expansion.
1. No building or use shall be altered, expanded or enlarged unless
the components of use on the property are in full compliance with
City code.
2. A component of use may be altered if the alteration reduces the nonconformity.
Examples of the manner in which nonconforming components of use could
be reduced are the following:
a. Construction of additional parking spaces on sites that do not meet
parking requirements; or
b. Installation of additional landscaping on sites that do not meet
landscaping requirements.
3. Approval from the Development Services Director shall be obtained
prior to any alterations of a component of use.