Within the zones established by this zoning code, or amendments that may later be adopted, there exist lots, structures and uses which were lawful prior to the adoption, revision or amendment of this title, or previously adopted city zoning ordinances, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. It is the intent of this title to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions. It is further the intent of this title to prevent nonconforming uses and structures from being enlarged, expanded or extended, or being used as grounds for adding other structures or uses prohibited by the zone in which the nonconformity is located.
(Ord. 24-0378, 12/9/2024)
A nonconforming use may be continued subject to the following regulations, so long as such use remains otherwise lawful:
A. 
Structural Change. No existing building or structure devoted to a nonconforming use under this title shall be enlarged, extended, reconstructed, moved or structurally altered unless such use is changed to a use permitted in the zone in which it is located. No building or structure accessory to a nonconforming use under this title shall be erected, enlarged or extended unless such building or structure is also accessory to a conforming use.
B. 
Extension or Expansion. A nonconforming use may be extended throughout an existing building provided no structural alterations except those required by law or ordinance (i.e., building code regulations) are made therein. No nonconforming use shall be extended to occupy any land outside such building. No existing nonconforming use of land outside buildings, or involving no buildings, shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, or moved to any portion of the lot not occupied by such nonconforming use at such time.
C. 
Change of Use. A nonconforming use may only be changed to a conforming use.
D. 
Termination by Abandonment.
1. 
Nonconforming use. If a nonconforming use is discontinued for a continuous period of 30 or more days in any zone, the planning manager shall make a determination of discontinuance based on evidence such as the removal of equipment, furniture, machinery, inventory, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or lack of business records to document continued operation.
2. 
Extensions of nonconforming uses or structures. An applicant can file an application for a conditional use permit (section 11-16-6) before the expiration of the abandonment period to extend the life of the nonconforming use. The review authority may approve a conditional use permit to allow an extension, if it finds that circumstances of a significant or unusual nature prevent or have prevented the timely re-establishment of the use or structure.
3. 
Termination. Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the current standards of the applicable zone and all other applicable provisions of the zoning code.
E. 
Termination by Destruction. Nonconforming status shall terminate if more than 50% of the appraised value of the structure or use is destroyed. In such case, the structure or use shall be rebuilt, restored, reestablished or reoccupied in conformance with the standards of the zone in which it is located, or be removed completely within 180 days of the occurrence of the damage or destruction.
(Ord. 24-0378, 12/9/2024)
If a building or structure is conforming as to use but nonconforming as to setbacks, height, lot coverage, parking or other requirements concerning the building or structure, such structure may remain so long as it is otherwise lawful, subject to the following regulations.
A. 
Extension or Expansion. A nonconforming structure may be enlarged, extended, moved or structurally altered provided that any such extension, enlargement, etc., complies with the setback, height, lot coverage, parking and other requirements of the zone in which such structure is located.
B. 
Damage.
1. 
If a nonconforming structure is damaged by fire, flood, earthquake or other natural disaster, it may be reconstructed to the same or lesser size on the same site provided such reconstruction commences within 12 months of the time of the damage and is diligently carried to completion. Nothing in this section shall be deemed to exempt such reconstruction from applicable building codes in effect at the time of reconstruction.
2. 
When the reconstruction permitted in subsection (B)(1) of this section does not commence within the specified 12 months, such structure shall not be reconstructed except in conformance with the regulations of this title.
(Ord. 24-0378, 12/9/2024)
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or any amendment of this title rendering the building or structure or its use nonconforming and upon which actual construction has been diligently carried on. "Actual construction" is hereby defined to mean the placing of construction materials in permanent position and fastened in a permanent manner.
(Ord. 24-0378, 12/9/2024)
An expansion of or change in a nonconforming use of buildings or land or both, not expressly permitted under and in strict accordance with the terms of this zoning code and especially this chapter nor required by law, may be ordered terminated by the city council.
(Ord. 24-0378, 12/9/2024)
A. 
Interpretation. Applications for exceptions from the strict interpretation of this section may be made to the planning commission. The commission shall hold a public hearing to consider the application for the exception and shall either approve the application with any appropriate conditions or deny the application.
B. 
Reconstruction or Replacement. A nonconforming structure involuntarily damaged or destroyed as a result of an accident or by an event outside of human control, such as an earthquake, fire, or flood, may be reconstructed or replaced with a new structure with the same footprint, height, and/or number of dwelling units with conditional use permit approval and in compliance with current Building and Fire Code standards in effect at the time of building permit application.
C. 
Findings. The commission may make exceptions in compliance with this section only after making the following findings:
1. 
That the structure was erected in compliance with the existing codes of the city which were in effect at the time that the structure was erected; and
2. 
That the granting of an exception will not substantially alter the intention of the existing zoning standards for the zone within which the structure is located.
(Ord. 24-0378, 12/9/2024)