The purpose of the nonconforming development regulations is to control, improve, or terminate uses, buildings, and structures which were lawful prior to the enactment of this Title, but which do not conform to its provisions. The goal is to permit nonconformities to continue, but not to encourage their perpetuation, and to ultimately bring all development (excepting certain existing residential uses) into conformance with this Title and the Comprehensive Plan.
No unlawful use of property at the time this Title is enacted shall be deemed a nonconforming development. Property owners may be required to provide evidence used to identify a use as lawful prior to any planning action on a nonconforming development.
This Article shall not be construed to limit the sale, transfer, or conveyance of property containing a nonconforming use, building, or structure so long as the sale, transfer, or conveyance does not otherwise violate the provisions of this Title.
Lots and parcels legally created but which do not conform to the zoning standards in this Title may be occupied by allowed uses after the date of this Title, if those uses comply with all of the provisions of this Title.
A use that was legally allowed when established, but which is no longer permitted in the zone district in which it is located, may continue after becoming nonconforming so long as it complies with all of the following requirements:
A. 
Expansion. A nonconforming use shall not be expanded or moved to occupy a different or greater area of land, buildings, or structures than the use occupied at the time it became nonconforming.
B. 
Discontinuance. If a nonconforming use is discontinued for any reason for more than 12 consecutive months, any subsequent use shall conform to all of the regulations of the subject zone district. For the purposes of this Title, rental payments, lease payments, or the payment of taxes shall not be considered as a continued use. "Discontinued" shall mean non-use and shall not require a determination of the voluntary or involuntary nature of the discontinuance or the intent to resume the nonconforming use.
C. 
Change of Use. A nonconforming use change may be approved as an administrative action or as a quasi-judicial action, per the appropriate provisions of Section 10.3.020.040: Administrative Actions or Section 10.3.020.050: Quasi-Judicial Actions. A nonconforming use may change to another similar or less nonconforming use when the degree of nonconformity is not increased, no alterations are made to the structures, buildings or parking areas which would increase the nonconformity, and the approving authority approves the following:
1. 
Traffic impacts generated by the use change are not increased.
2. 
Noise, dust, and any other nuisance conditions are not increased.
D. 
Residential Use in the Central Business Commercial District. Residential uses in the Central Business Commercial District are allowed as follows:
1. 
In structures existing at the time this Title was adopted and originally designed and/or used as a residence, regardless of current or previous use.
2. 
All residential uses existing as of the date of adoption of this Title.
A. 
Continuation. A nonconforming structure that was allowed when established, but is no longer permitted in the subject zone district because it does not conform to the existing height, setback, coverage, area, or other requirements, may continue so long as it complies with all of the following requirements:
1. 
The structure is not enlarged, moved, or altered in a way that increases its nonconformity; however, the structure may be altered to decrease its nonconformity.
2. 
If a nonconforming structure is damaged by any means, the structure may only be reconstructed or replaced to conform with its pre-damage nonconforming state; otherwise, the structure shall be reconstructed in accordance with the provisions of this Title.
3. 
If a nonconforming structure is moved, it must conform to the standards of the zone district to which it is moved.
4. 
The nonconformity is not specifically prohibited from continuation on the deed.
B. 
Maintenance and Repair. Ordinary maintenance and repair is permitted on any structure or portion of any structure when:
1. 
The maintenance or repair conforms to the existing nonconforming structure.
2. 
The proposed maintenance or repair does not enlarge, move, or alter the structure in a way that increases its nonconformity.
3. 
The proposed maintenance or repair is not prohibited on the deed.
A. 
Residential Uses. Any structure used as any residential building type before the enactment of this Title may be:
1. 
Rebuilt if damaged or destroyed for any reason, provided the reconstructed building has the same or fewer number of units, and serves the same use as the original structure.
2. 
Continued as a nonconforming residential use whether or not the structure is continuously occupied, provided that the residential use is not changed to some other use.
3. 
Modified and or enlarged provided that:
a. 
The structure maintains the same or fewer number of units.
b. 
The typical setback requirements for residential dwellings as specified in Article 5.030: RM - Medium Density Residential District are met. In cases where the existing nonconforming residential structure does not meet the RMH setback standards, the modification or enlargement to the structure is allowed provided that any expansion does not further encroach upon RM setback requirements.
c. 
The residential off-street parking requirement listed in Article 7.060: Minimum and Maximum Off-Street Parking Requirements is met.
d. 
The nonconforming structure is not located in an existing City right-of-way.
An adult business which at the time of adoption of General Ordinance No. 05-1262 does not conform to the criteria in that ordinance, shall be governed by the provisions of this Article, except that the current adult use may not be expanded to include other types of uses by law which are not accessible by persons of any age group under 18 years of age. Any such modification of the adult use shall result in automatic loss of the rights under this Article and shall cause the adult business to be in violation of this Title.