(a) 
Generally.
A nonconforming use is a use of land that was lawfully established (e.g., it was allowed and issued a permit, if a permit was required at the time the use was established) on a parcel or lot before the effective date of this CDO, that is no longer allowed after the effective date of this CDO. Amendments to this CDO may also make uses nonconforming. The following uses are legal nonconforming uses:
(1) 
"Conditional uses" as listed in the zoning district standards established in division II-2, zoning districts, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit set out in section 28-7-17, conditional use permits;
(2) 
Do not meet the requirements of division II-3, use standards; and
(3) 
Were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.
(b) 
Classifications of nonconforming uses.
There are two types of nonconforming uses: major nonconforming uses and minor nonconforming uses. The classification of the nonconforming use affects whether or not it can be converted to a conforming use.
(1) 
Major nonconforming uses.
a. 
Discontinuance.
Discontinuance of a major nonconforming use for a period of six consecutive months constitutes abandonment of the use, regardless of the owner's intent. A major nonconforming use shall not be re-established on the property after it is abandoned unless the city council approves a zoning map amendment in accordance with section 28-7-29 that makes the prior use conforming.
b. 
Expansion, enlargement, or increases.
A major nonconforming use shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not used or occupied on the effective date of this CDO or any amendment that made the use nonconforming.
c. 
Structures.
No structures containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
(2) 
Minor nonconforming uses.
a. 
Discontinuance.
Discontinuance of a minor nonconforming use for a period of 12 consecutive months constitutes abandonment of the use, regardless of the owner's intent. A minor nonconforming use shall not be re-established on the property after it is abandoned unless the property owner converts the nonconforming use to a conforming use in accordance with division V-3, conversion of nonconformities, prior to the end of the 12-month period.
b. 
Expansion and/or extension.
No minor nonconforming use shall be expanded or extended in such a way as to:
i. 
Occupy any open space or landscaped area that is required by this CDO;
ii. 
Exceed pervious cover, intensity, or height limitations of the zoning district in which the use is located;
iii. 
Occupy any land beyond the boundaries of the property as it existed on the effective date of this CDO;
iv. 
Displace any conforming use in the same building or on the same property; or
v. 
Increase the area of floodplain (if present) that is directly impacted by the use.
c. 
Nonconforming residential uses.
A nonconforming residential use shall not be expanded in scope or area, except that construction of an attached or freestanding private garage is allowed in accordance with the requirements of this CDO and the zone in which the use is located, including, but not limited to:
i. 
Height;
ii. 
Setback;
iii. 
Gross floor area; and
iv. 
Building coverage.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
A building or structure is classified as nonconforming if it was lawfully constructed before the effective date of this CDO (or amendment hereto) and does not conform to the height, yard, pervious cover, density, intensity, building scale, or design standards that are applicable to the same type of building or structure in the zoning district in which the building or structure is located. Such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) 
Increase in nonconformity prohibited.
No such structure may be enlarged or altered in any way which increases its nonconformity.
(2) 
Movement of structure.
Should any on-site structure, in whole or in part, be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
(3) 
Minimum floor area.
A residential dwelling unit having a lesser floor area at the time of the passage of this CDO than the minimum floor area required for the district in which it is located shall not be construed to be nonconforming.
(b) 
Repairs and alterations.
Routine maintenance, including necessary non-structural repairs, paint, finish, and incidental alterations to a nonconforming structure is allowed without having to bring the nonconformity into compliance.
(c) 
Damage and reconstruction.
If a major or minor nonconforming structure is damaged, partially destroyed, or deemed to be unsafe the structure may be restored to its original dimensions provided that:
(1) 
The original nonconformity is not enlarged, increased, or extended;
(2) 
A building permit is obtained for repairs within six months of the date the building was damaged;
(3) 
The construction is commenced within six months after obtaining the required building permits; and
(4) 
The damage or destruction does not exceed 50 percent of the gross floor area (GFA) of a nonconforming structure or 50 percent of the replacement cost of the structure.
(d) 
Existing nonconforming structures in a regulated floodplain or floodway.
It is the intent of the city that no permanent buildings or structures be located or substantially improved in a regulated floodplain or floodway and that existing nonconforming structures shall be removed upon abandonment. As such, a property with an abandoned nonconforming structure in a regulated floodplain or floodway shall not be eligible for any development review approval until the property owner removes the abandoned nonconforming structure.
(e) 
Nonconforming density.
Buildings on lots with nonconforming density may be expanded or extended as may be allowed by this CDO, but such expansions or extensions shall not create additional dwelling units.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
Nonconforming lots are lots that were lawfully created before the effective date of this CDO or amendments hereto which no longer complies with the lot width, lot area, or access requirements of this CDO.
(b) 
Combination of lots to increase conformity.
(1) 
Combination.
Where a property owner owns one or more lots abutting a nonconforming lot of record, the lots shall be combined to create fully conforming lots prior to any other development application submittal for the property. Or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
(2) 
No combination.
A property owner is not required to combine lots pursuant to subsection (b)(1), above, if:
a. 
The combination of lots would not address the nonconformity;
b. 
The combination of lots would disrupt the lot pattern of the street, for example, by creating an internal through on a street segment that does not include any other through lots;
c. 
Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down or the property undergo a zoning map amendment in order to comply with this CDO; or
d. 
The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape, such as a flag lot.
(c) 
Construction on nonconforming lots of record.
A nonconforming lot of record that cannot be combined with another lot in accordance with subsection (b) above may be built upon if, as of the effective date of this CDO:
(1) 
The use is permitted in the zoning district in which the lot is located;
(2) 
The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use; and
(3) 
All setbacks and height requirements are met, except that the administrator may authorize a reduction of required setbacks of up to ten percent, provided that the administrator finds that the reduction does not allow a building that would be larger than a building that would be permitted on the minimum conforming lot in the zoning district.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
Any permanent sign located within the city municipal limits or its ETJ on the effective date of this CDO that does not conform to the provisions of division III-4, signs, is a "legal nonconforming" sign, provided it also meets the following requirements:
(1) 
Authorized by a sign permit prior to the effective date of this CDO; or
(2) 
If no sign permit was required under applicable law for the sign in question, the sign:
a. 
Was in all respects in conformity with the applicable law (or there was no applicable law) immediately prior to the effective date; or
b. 
Had legal nonconforming status at such time.
(b) 
Standards.
(1) 
Registration.
The owner or entity in control of the property on which a nonconforming sign is located shall be required to register such signs with the city, at no fee, and otherwise comply with all requirements of this CDO relating to nonconforming signs and sign structures.
(2) 
Repairs and alterations.
Routine maintenance, including necessary non-structural repairs, paint, and incidental alterations to a nonconforming sign is allowed without having to bring the nonconformity into compliance.
(3) 
Damage or destruction.
In the event that more than 50 percent of the area or 50 percent of the replacement cost of a lawfully existing nonconforming sign is damaged or changed, the sign shall be removed and made to conform or replaced with a conforming sign.
(4) 
Danger to public safety.
A nonconforming sign that the building official determines to be a danger to public safety due to damage or wear shall be removed and shall not be replaced unless in accordance with division III-4, signs.
(5) 
No message.
If a nonconforming sign does not display any message for a period of six months, it shall be removed or brought into conformance with this CDO.
(6) 
Removal of sign.
When a nonconforming sign is removed for any reason other than routine repair and maintenance, the replacement sign must comply in all respects with the standards set out in this CDO.
(7) 
Removal of nonconforming elements.
If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element. For example, if a sign is nonconforming with respect to the items of information limitation, and a tenant panel is removed, then the new tenant panel shall be conforming with respect to its proportional share of items of information (e.g., if a five-panel directory sign has a total of 60 items of information, but only 20 are allowed, then when a single panel is replaced, the new panel may include up to four items of information).
(8) 
New sign installation.
The installation of any new sign is prohibited on a site while a nonconforming sign remains in use.
(9) 
Temporary signs.
Temporary signs that are not in compliance with section 28-3-33, signs requiring approval, shall be removed.
(Ord. No. 2020-1331, 9-15-2020)