(a)   Purpose. Within the zoning districts established by this Unified Development Code or previously existing regulations, there are uses, structures, lots, signs and other current circumstances that were lawful prior to the effective date of this Unified Development Code that would now be prohibited, regulated or restricted under the provisions of this Unified Development Code. These instances are considered nonconformities. The purpose of this article is to establish regulations that govern these nonconforming uses, structures, lots, signs and other current circumstances.

(b)   Applicability. The regulations of this article shall apply to the following types of nonconformities:

(1)   Nonconforming uses. Uses legally established prior to the effective date of this Unified Development Code that do not conform with the use regulations of the district that the use is located are referred to as “nonconforming uses.” Temporary uses shall not qualify as “nonconforming uses.”

(2)   Nonconforming structures. Buildings and structures, not including signs, legally established prior to the effective date of this Unified Development Code that do not conform with the property development standards of the zoning district that the use is located in, are referred to as “nonconforming structures.” Temporary structures shall not qualify as “nonconforming structures.”

(3)   Nonconforming lots. Any lot having insufficient area, width, or depth for the zoning district in which it is located, which was legally platted and recorded prior to the effective date of this Unified Development Code is referred to as a “nonconforming lot.”

(4)   Nonconforming signs. Signs legally established prior to the effective date of this Unified Development Code that do not conform to the sign regulations are referred to as “nonconforming signs.” Temporary signs shall not qualify as “nonconforming signs.”

(5)   Other nonconformities. Other situations which were legally established prior to the effective date of this Unified Development Code, but do not conform to the regulations of this Unified Development Code, including but not limited to: (1) fence height or location; (2) lack of or inadequate landscape buffers; (3) lack of or inadequate landscaping; lack of or inadequate off- street parking; and (4) other nonconformities not involving zoning district use or property development standards are referred to as “other nonconformities”.

(c)   Policy. It is the general policy of the city to allow uses, structures, lots, signs and other situations that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Unified Development Code to continue to exist and be put to productive use, but to bring as many aspects of such circumstance into conformance with this Unified Development Code as is reasonably practicable, all subject to the limitations of this article. The limitations of this article are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the nonconformity and to control reestablishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.

(d)   Authority to continue. Nonconformities shall be allowed to continue in accordance with the regulations of this article.

(e)   Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists is to the owner and not the city.

(f)    Repair and maintenance. Repairs and normal maintenance required to keep nonconforming structures and nonconforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this article or required by law or ordinance.

(g)   Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing nonconformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such nonconformity.

(Code 2016, Sec. 106-160)

Nonconforming uses shall be subject to the following standards:

(a)   Enlargement. No nonconforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor areas than was occupied on the effective date of this Unified Development Code and no additional accessory use, building or structure shall be established on the site of a nonconforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use prior to the effective date of this Unified Development Code.

(b)   Relocation. No nonconforming use shall be moved in whole or part to any other portion of such parcel or to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.

(c)   Discontinuance and abandonment. If a nonconforming use ceases for any reason for a period of more than six consecutive months (except where Government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Unified Development Code for the district that such parcel or lot is located. When a nonconforming use is superseded by a permitted use, the nonconforming use shall not be resumed.

(d)   Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations, of the zoning district that it is located. The city shall make the determination of such reduced structural valuation. When such damage or destruction is 50 percent or less, no repair or restoration shall be made unless a building permit is obtained within six months of the damage or destruction and restoration is completed within one year after the date that such permit is issued. The time limit may be extended upon the recommendation of the planning commission and the approval of governing body.

(e)   Change in use. A nonconforming use may be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, nonconforming use. The planning director shall make the initial determination of whether a proposed use is a conforming use or is less intense, with an appeal to the board of zoning appeals. A nonconforming use may not thereafter be changed back to a less conforming use than what it was changed from.

(f)    Residential uses in nonresidential districts. The other provisions of this section notwithstanding, any structure that is devoted to a nonconforming residential use and that is located in a C-O or more intensive district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work. A structure being used for a nonconforming residential use may be rebuilt for residential purposes in the event of damage or destruction as defined in subsection (d), Damage or destruction, regardless of the percent of the damage or destruction, provided a building permit is obtained within one year of the damage or destruction

(g)   Accessory uses. No use that is an accessory to a principal nonconforming use shall continue after such principal use ceases or terminates.

(Code 2016, Sec. 106-161)

Nonconforming structures shall be subject to the following standards.

(a)   Enlargement. Any expansion of a nonconforming structure that increases the degree of nonconformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The planning director shall make the initial determination of whether a proposed expansion increases the degree of nonconformity, with an appeal to the board of zoning appeals.

(b)   Relocation. Nonconforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.

(c)   Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 50 percent of its structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district that it is located. When a structure is damaged to the extent of 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained within six months of the damage or destruction, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion. The city shall make the determination of such reduced structural valuation.

(Code 2016, Sec. 106-162)

Nonconforming lots shall be subject to the following standards.

(a)   Alteration. No nonconforming lot, or any portion thereof, shall be altered, used or sold in a manner that would increase its degree of nonconformity.

(b)   Single-family residential construction. The planning director may issue a building permit for a single-family residential home on any nonconforming lot provided the following:

(1)   The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of such a lot would have been permitted.

(2)   The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited.

(3)   All yard setback and zoning requirements for the district in which is located can be met.

(4)   All minimum standards for providing access to streets, water service and sanitary sewer can be met.

(Code 2016, Sec. 106-163)

Nonconforming signs may continue to be displayed, subject to the following standards:

(a)   Whenever a non-conforming sign is damaged by fire, flood, explosion, earthquake, war, riot or act of nature, it may be reconstructed and used as before provided it is reconstructed within three months after such calamity, unless the damage to the sign is 50 percent or more of its replacement value, in this case the reconstructed sign shall comply with the provisions of article IX, Signs.

(b)   Whenever it is desired to change or alter the structural elements of an existing non-conforming sign, such as the supports, size of the sign area, shape of the sign area or lighting, such alteration shall constitute a major change and the sign shall be made to conform and comply with the provisions of article IX, Signs, within six months after the application for a permit to alter the sign has been filed with the planning director. Changes in the size or shape of an existing non-conforming sign in excess of ten percent shall constitute a major change and the sign shall be made to conform and comply with the provisions of this Unified Development Code. A change in shape from one corporate logo to another or one shape to another shall not constitute a major change and is not required to come into conformance with the provisions of the Unified Development Code as long as the change does not increase the overall size of the sign in excess of ten percent.

(Code 2016, Sec. 106-164)

(a)   Enlargement or change in use. Where an addition, enlargement or change in use is proposed to an extent in excess of 25 percent of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Unified Development Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Unified Development Code.

(Code 2016, Sec. 106-165)

When lot area or setbacks are reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum standard for the district that it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Unified Development Code without resort to the board of zoning appeals.

(Code 2016, Sec. 106-166)