Article VI — NONCONFORMING USES

SEC. 16-505. INTENTION OF ARTICLE.

(A) Within the city there exist lots, structures and uses of land or structures which were lawful when created, constructed or begun, but which are prohibited, regulated or restricted under the terms of this chapter or future amendments.

(B) The city council intends to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this article to be incompatible with permitted uses. The city council further intends that these nonconformities not be enlarged upon, expanded or extended, or used as grounds for adding other prohibited structures or uses.

(C) A nonconforming structure or use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other prohibited structures or uses.

(`64 Code, Sec. 34-113) (Ord. No. 734, 2694)

SEC. 16-506. DEFINITION, NONCONFORMING BUILDING.

A building, structure or portion thereof which does not conform to the provisions of this chapter and which lawfully existed at the time the provisions with which a building, structure or portion thereof does not conform became effective.

(`64 Code, Sec. 34-114) (Ord. No. 734)

SEC. 16-507. DEFINITION, NONCONFORMING USE.

A use of a building or land which does not conform to the provisions of this chapter and which lawfully existed at the time the provisions with which a building or land does not conform became effective.

(`64 Code, Sec. 34-115) (Ord. No. 734)

SEC. 16-508. BUILDING LIMITATIONS.

The following regulations shall apply to all nonconforming uses, buildings and structures, or parts thereof:

(A) Any nonconforming building or structure may be continued and maintained provided that there is no physical change other than necessary maintenance and repair to such building or structure except as permitted in other sections of this article.

(B) Any nonconforming use of a conforming building may be maintained and continued provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use except as otherwise provided in this article.

(C) Any part of the building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this chapter shall not thereafter be used or occupied by a nonconforming use.

(D) Any part of a building, structure or land occupied by a nonconforming use, which use is discontinued or ceases for a period of six months or more, shall not again be used or occupied for a nonconforming use.

(E) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification.

(F) Any otherwise conforming building or structure that is not located in a residential zone and that is nonconforming only because it does not comply with the setback or parking requirements established by this chapter, may be refurbished, remodeled, structurally altered or enlarged providing the following conditions are met:

(1) A special use permit subject to reasonable conditions is approved as provided in sections16-530 to 16-553 inclusive;

(2)  After refurbishing, remodeling, structural alteration or enlargement, the building or structure meets all other provisions of this chapter except setbacks and

parking; and

(3) The owner of the building or structure enters into an agreement with the city to vote in favor of the formation of a parking district and the imposition of

assessments therein, in the event a parking district is proposed. The agreement shall be recorded.

(G) Any otherwise conforming building or structure that is used for neighborhood shopping center or residential purposes, that is located in a neighborhood commercial zone, and that is nonconforming only because it does not comply with the setback, parking, landscaping, lot area or minimum lot dimensions required by the neighborhood commercial zone, may be reoccupied, refurbished, remodeled, structurally altered or enlarged.

(H) Any otherwise conforming building or structure used for residential purposes and located in a residential zone that is nonconforming only because it does not comply with the setback or parking requirements established by this chapter may be refurbished, remodeled, structurally altered or enlarged providing that the following conditions are met:

(1) The building after refurbishing, remodeling, structurally altering or enlarging, meets all other provisions of the city code except setbacks and parking; provided,

however, that single-family dwellings to which one or more bedrooms are added meet all provisions of the city code except setbacks;

(2) The refurbishing, remodeling, structural alterations or enlarging will not increase the need for parking or eliminate any required parking space; provided,

however, that the addition of one or more bedrooms to a single-family dwelling shall provide all required parking spaces; and

(3) The refurbishing, remodeling, structural alteration or enlargement will not increase any nonconforming setback.

(`64 Code, Sec. 34-116) (Ord. No. 734, 1012, 1176, 1295, 1565, 2695)

SEC. 16-509. LAND USE LIMITATIONS.

Every nonconforming use of land shall be subject to the following provisions:

(A) No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied when the nonconforming use began;

(B) No nonconforming use of land shall be moved in whole or in part to any other portion of a lot or parcel occupied by such use when the nonconforming use began; and

(C) If any nonconforming use of land ceases for any reason for a period of 30 days or more, any subsequent use of such land shall conform to the regulations specified by this chapter.

(`64 Code, Sec. 34-117) (Ord. No. 734)

SEC. 16-510. WHEN CAUSED BY RECLASSIFICATION.

(A) The foregoing provisions of this article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones or other change in the regulations of this chapter.

(B) Where a period of years is specified in this article for the removal of nonconforming uses, the period shall be computed from the date of such reclassification or change.

(`64 Code, Sec. 34-118) (Ord. No. 734)

SEC. 16-511. EXCEPTIONS.

(A) Nothing in this article shall be construed to prohibit additions or alterations to a nonconforming structure that are reasonably necessary to comply with any lawful order of any public authority made in the interest of the public health, welfare, or safety.

(B) Nothing in this article shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, rebuilding, and continued use of public utility buildings, structures, equipment and facilities.

(`64 Code, Sec. 34-119) (Ord. No. 734, 767)

SEC. 16-512. COUNCIL MAY ORDER USE CHANGED OR STRUCTURE REMOVED.

In all zones every nonconforming structure designed, used or intended for a use excluded from the zone may be ordered completely removed or altered and converted within a certain time in the manner provided for in connection with variances.

(`64 Code, Sec. 34-120) (Ord. No. 734)

SEC. 16-513. COMPUTATION OF TIME FOR REMOVAL OF STRUCTURE.

When setting a date by which a nonconforming structure shall be removed, the commission shall estimate the reasonable, unamortized value of the nonconforming structure and determine the time within which the owner of the building will realize the reasonable unamortized value.

(`64 Code, Sec. 34-121) (Ord. No. 734)

SEC. 16-514. USE MAY BE CONTINUED WHEN BUILDING DESTROYED; LIMITATION.

Subject to all other provisions of this article, a building destroyed to the extent of not more than 50 % of its reasonable value by fire, explosion or other casualty, or act of God or the public enemy, may be restored, and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued.

(`64 Code, Sec. 34-122) (Ord. No. 734)

SEC. 16-515. APPEAL OF DECISION REGARDING A NONCONFORMING USE OR A NONCONFORMING BUILDING.

(A) When an application is received for any permit pursuant to this chapter or any building permit, the planning manager shall make a determination whether the proposed use of the land or structure pursuant to the application is consistent with the requirements of this chapter. If the planning manager's determination is that the proposed use of the land or the structure is inconsistent with this chapter because a nonconforming use or nonconforming structure may not be enlarged, increased, or extended or because of abandonment or cessation of the nonconforming use or nonconforming structure, the planning manger shall inform the applicant in writing of such determination and the facts that support such determination.

at the proposed use of the land or the structure is inconsistent with this chapter because a nonconforming use or nonconforming structure may not be enlarged, increased, or extended or because of abandonment or cessation of the nonconforming use or nonconforming structure, the planning manger shall inform the applicant in writing of such determination and the facts that support such determination.

(B) If the applicant desires to appeal the planning manager's determination, the applicant must file a written appeal and the appeal fee with the director within 15 days of the mailing date or ten days of personal delivery of such written determination, whichever occurs first. Such written appeal shall set forth the specific grounds for appeal, including a summary of the facts that are in dispute. The appeal hearing shall be scheduled within a reasonable period of time after receipt of the appeal, unless the applicant agrees to a different date.

(C) At the hearing, the director shall hear evidence on the disputed facts and exercise the director's independent judgment in rendering a decision. The director may continue the hearing for good cause. Within 45 days of the close of the hearing, the director shall issue a written decision that sets forth the reasons for such decision. Such decision shall be mailed or personally delivered to the applicant.

(D) If the applicant desires to appeal the decision of the director, the applicant must file a written appeal and the appeal fee with the secretary to the commission within 15 days of the mailing date of the director's decision or within ten days of receipt of the director's decision, whichever occurs first. Such written appeal must set forth the specific grounds for appeal, including a summary of the facts that are in dispute. The appeal hearing shall be scheduled within a reasonable period of time after receipt of the appeal, unless the applicant agrees to a different date.

(E) At the appeal hearing, the commission shall review evidence on the disputed facts and exercise its independent judgment in rendering its decision. The commission may continue the hearing for good cause. The commission shall adopt a resolution setting forth its decision. The decision of the commission shall represent the final administrative process available within the city.

(Ord. No. 2770)