Sec. 26-171. - Establishment of nonconforming uses

A nonconforming building, structure or other physical feature is a legally established building, structure or other physical feature which does not meet the standards of the zoning district in which it is located. It can also be a building, structure or other physical feature for which an administrative use permit, variance or other similar permit is required but for which no such permit has been obtained because the building, structure, or other physical feature was established prior to the application of the existing zoning district

due to rezoning, annexation or other change in the regulation of the Development Code. Legally established nonconforming building, structures or other physical features shall be governed by the following regulations:

(a)

Nonconforming buildings, structures, or other physical features may be continued indefinitely subject to the provisions of this division.

(b)

A nonconforming building, structure, or other physical feature shall not be reconstructed, except as provided for in division 4 of this article, expanded, or enlarged unless the new work will be in conformance with the regulations and standards of the zoning district in which is it located and the new provisions of the ordinance.

(c)

A nonconforming building, structure, or physical feature may be remodeled, rehabilitated or structurally altered if the new work does not increase the degree of the non-conformity.

(d)

A nonconforming, structure, or physical feature damaged or destroyed by any means except demolition or intentional removal, may be reconstructed to its original condition if the chief building inspector determines that the costs of reconstruction does not exceed fifty (50) percent of the replacement construction value of the building or structure at the time of damage or destruction as determined by the building official. The building official shall conduct a review and may limit reconstruction of parts of the project that would create a health or safety issue. The building official review shall identify those items that, for reasons of health and safety, shall not be allowed to be reconstructed to the dimensions, footprint, or use as they were prior to the damage, and shall provide for those items the required degree of compliance with the current code. Where the building official determines that the costs of reconstruction exceed fifty (50) percent of the replacement construction value of the building at the time of its destruction of or damage, a nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a variance by the Planning Commission pursuant to the provisions of article VI, division 5 applied for within one (1) year of damage or deconstruction. The Planning Commission may require as a condition of approval that the building is thereafter devoted to a conforming use. The Planning Commission must make the following findings to approve such a use permit.

(1)

The proposed reconstruction of a nonconforming building, structure or physical feature will not be detrimental to any existing or potential permitted use, building or structure in the area in which the nonconforming use is located.

(2)

This finding shall be in addition to those required for the approval of a variance contained in article VI, division 5.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)