§ 9106.01

A.

Intent. The following provisions shall apply to all nonconforming uses, structures, and lots existing as of the effective date of this Division. A mere change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this Division.

1.

To limit the number and extent of nonconforming uses, structures, lots, parking, signs, and characteristics of use created by adoption of this Development Code, it is the City's intent to generally allow nonconformities to continue until they are removed, but not to encourage their continuance.

2.

It is further the intent of this Division that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Division.

3.

The eventual intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting parking, performance, or screening standards, are to be altered to conform.

4.

This Division shall not apply to any use or structure established in violation of the previously adopted Zoning Ordinance for the City, unless the use or structure presently conforms to the provisions of this Development Code.

B.

Purpose. This Division provides regulations for nonconforming land uses, structures, and lots that were lawful before the adoption or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Development Code or an amendment that changed applicable requirements.

9106.01.020 - Establishment of Legal Nonconforming Status.

A.

Time of Beginning of Nonconformity.

1.

Development Code or Previous Zoning Ordinance. The effective date of this Development Code or previous Zoning Ordinance shall determine the time of beginning for all existing nonconformities.

2.

Zoning Map Amendments.

a.

The provisions of this Division shall apply to uses, structures, and lots which become nonconforming due to any Zoning Map amendment which reclassifies any zone in compliance with this Development Code.

b.

The effective date of Zoning Map amendments and related boundary adjustments shall determine the time of beginning of a nonconforming use, structure, lot, or nonconformity with parking, performance, screening standards, or other applicable Development Code provisions.

3.

Annexations. The effective date of an annexation shall determine the time of beginning for a nonconformity in a newly annexed area.

B.

Proof of Legal Nonconformity. The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this Division.

1.

Property Owner's Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity as specified in this Division.

2.

City is Not Responsible. The City is not responsible to prove the absence of legal nonconformity.

3.

Director's Determination.

a.

The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this Division.

b.

The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Division.

c.

The Director's determination of legal nonconformity shall be appealable in compliance with Section 9108.07 (Appeals).

C.

By Reason of a Subsequent Reduction. Whenever any lot or structure is rendered nonconforming within the meaning of this Division solely by reason of a reduction in a required front, side, or rear setback; yard area; lot area; or reduction in off-street parking facilities, and solely by reason of: (1) dedication to, or customary purchase by, the City for any public purpose; or (2) eminent domain proceedings, which result in the acquisition by the City of a portion of the subject property, the same shall not be deemed nonconforming within the meaning of this Division.

A.

Continuation. Except as otherwise provided in this Division, any use, structure, or lot legally in place on the effective date of any ordinance creating the nonconformity may continue as a legal nonconforming use, structure, or lot, respectively.

If the nonconforming use of land is discontinued or changed, as those terms are defined in this Development Code, any future use of the land shall be in conformity with the provisions of this Development Code.

2.

The nonconforming use of land shall not, in any way, be expanded or extended either on the same or adjoining property.

B.

Maintenance. Routine maintenance and repair of uses, structures, or lots which do not increase or alter the nonconformity may be performed.

Notwithstanding any other provision of this Division, when a nonconformity exists incidental to a nonconforming use, that nonconformity may continue, provided the nonconforming use is brought into compliance with the regulations that would be applicable to the use if it were located in the most restrictive zone which permits the use by-right.

9106.01.050 - Revocation of Nonconforming Use or Structure.

The Commission may revoke the right to continue a nonconforming use or structure. Revocation procedures, including notice and hearing, shall be in compliance with the provisions specified in Section 9108.09 (Permit Modifications and Revocations).

When any nonconformity is eliminated or brought into conformance with the current regulations of this Development Code, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.

Section 9106.03 - Nonconforming Uses