It is the general policy of the City to allow uses, buildings and lots that were created legally and in conformance with then applicable requirements, but that do not conform to the current applicable requirements of the zoning regulations, to continue. However, it is also the policy of these regulations to bring such uses, buildings and lots into conformance with current regulations to the extent lawfully allowed. The provisions of this Article are intended to fully respect the legal rights of property owners but to discourage the substantial expansion of properties and to preclude the re-establishment of an abandoned nonconforming use or replacement of damaged or destroyed nonconforming uses.

This Article shall apply to buildings, structures or uses that became nonconforming by initial adoption of these regulations, amendment to these Chapters or by annexation. It shall also apply to nonconforming buildings, structures or uses that were legal nonconformities under previously applicable regulations and that remain nonconforming under these regulations, even if the type or extent of nonconformity is different.

Any nonconforming building, structure or use that existed lawfully on the adoption of these regulations or which becomes nonconforming upon the adoption of any amendment to these regulations may be continued in accordance with the provisions of this Article. Where two or more provisions of this Article apply, the more restrictive requirement controls.

The burden shall be on the landowner or developer to establish entitlement to continuation of nonconforming buildings, structures or uses or completion of nonconforming buildings, structures or uses.

The lawful nonconforming use of land not involving a building or where any building is merely incidental to or accessory to the principal use of land, may continue subject to the following requirements:

A.    Expansion. A nonconforming use of land may not be expanded beyond the area that it occupied on the date that it became nonconforming.

B.    Discontinuance. A nonconforming use of land may not be resumed when the use has been voluntarily discontinued for six consecutive months. Any subsequent use of land shall conform to the applicable regulations of the zoning district in which the land is located.

C.    Change of Use. A nonconforming use of land may not be changed to another use unless that use is permitted in the zoning district in which the land is located. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

The lawful nonconforming use of a building or site may continue subject to the following requirements:

A.    Expansion

1.    Expansion within an existing building: A nonconforming use may be expanded throughout a building it occupies or a portion thereof.

2.    Expansion of the physical area of a building or site: A building located on a nonconforming property may be expanded by 10% or less without bringing the site into compliance with current regulations. If a site contains more than one building the 10% expansion permitted shall apply to the total floor area of all building located on the site. For purposes of this article, “site” shall mean all lots and/or parcels under ownership or control of the person proposing the expansion contiguous to the property containing the buildings to be expanded. Such conditions that may be nonconforming include, but are not limited to, lack of screening, lack of landscaping, inadequate surface or curbing of parking areas or drives, discharge of surface water, noncompliance with one or more performance standards or other similar conditions. The Zoning Officer shall have the authority to determine what improvements would be required to bring a property fully or substantially into compliance as part of new construction, alteration or expansion which exceeds 10% of the area of the existing improvements on the property.

B.    Discontinuance. A nonconforming use of a building or site may not be resumed if it is voluntarily discontinued for a period of six consecutive months. Any subsequent use of a building or site shall conform to the applicable regulations or the zoning district in which the property is located.

C.    Change of Use. A nonconforming use of a building or site may not be changed to another use unless that use is permitted in the zoning district in which the building or site is located. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

A lawful, existing nonconforming building may remain subject to the following requirements:

A.    Expansion. A nonconforming building may not be expanded so as to increase the degree of nonconformity. Other expansions may occur, provided, that such additions comply with the requirements of these regulations and all other applicable laws of the City.

B.    Remodeling. Remodeling of a building within an existing footprint is permitted, provided that the remodeling does not increase the degree of nonconformity and is in compliance with all other applicable laws of the City.

C.    Replacement and Repairs. A nonconforming building damaged by more than 50% of fair market value through fire, explosion, act of God or the public enemy may not be rebuilt, or repaired or used unless such is in conformance with all regulations for buildings in the district in which it is located. The “cost” of renovation, repair or restoration includes the fair market value of materials and services necessary to complete the total intended renovation, repair or restoration.

D.    Replacement and Repairs. When any building or structure is damaged more than the fair market value of the structure, the building or structure must come into conformance with all regulations in the district, including the conforming use of the property.

(Ordinance 2824, 01/28/03)

Nonconforming projects on which construction was begun at least 180 days before the effective date of these regulations and those nonconforming projects that are 10% completed (in terms of total expected costs of the project) on the effective date of these regulations may be completed in accordance with the terms of their permits (validly issued, unrevoked, and unexpired). Other nonconforming projects may continue upon a finding by the Planning Commission that the landowner or developer has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the regulations as they existed prior to the effective date of these regulations and thereby would be unreasonably prejudiced if not allowed to complete the project as proposed. A request for such a find by the Planning Commission must be made in writing by the landowner or developer, to the Zoning Officer, within 60 days of the effective date of these regulations.

A.    Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this ordinance may be continued.

B.    No person may engage in any activity that causes an increase in the extent of the nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered, nor may illumination be added to any nonconforming sign.

C.    A nonconforming sign may not be moved or replaced, and the message may not be changed, except to bring the sign into complete conformity with this ordinance.

D.    Sign maintenance means the normal care and minor repair that is necessary to retain a safe, attractive and finished structure, frame, pole, brackets or surface. Changing a copy or logo without increasing sign dimensions shall be considered maintenance if the information, product or service depicted remains the same and if the sign is to serve the identical establishment using the same business firm name as before the change.

E.    Maintenance and repair within any 12-month period shall not exceed 50% of the value of the sign. No work shall be done without first submitting information to the Zoning Officer that demonstrates repairs do not exceed 50% the value.

F.    If a nonconforming sign advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed within 30-days after such abandonment by the sign owner, owner of the property where the sign is located, or other person having control over the sign.