17.05.100 Nonconforming buildings, structures and uses.
The following regulations shall apply to nonconforming buildings, structures and uses:
(1) Purpose. This requirement is to provide for the regulation of nonconforming uses, buildings, structures, or land and to specify those circumstances and conditions under which those nonconforming buildings, structures or uses shall be allowed to remain as legal nonconforming uses.
(2) Continuance. Any nonconforming building, structure, or land which existed lawfully at the time of the adoption of the ordinance codified in this title (August 6, 1979), and which remains nonconforming, and any such building, structure or land, which shall become nonconforming upon the adoption of this title, or of any subsequent amendment thereto, may be continued in accordance with the requirements set forth herein.
(3) Restrictions. Any lawfully existing nonconforming building or structure, all or substantially all of which is designed or intended for use not permitted in the district in which it is located, shall be subject to the following provisions including the listed exceptions within this section. Those listed exceptions shall not apply to flood zones.
(a) Repairs and Alterations. No structural alterations shall be made in or to such building or structure except those required by law, or except to make the building or structure in use thereof conform to the regulations of the district in which it is located. Routine or ordinary maintenance, repair, or alterations may be made to such building or structure.
(i) In areas existing before 1980 structural alterations may be allowed that do not change the type of the existing use to one other than which is current or which it is zoned. Furthermore, if the change in the building or structure is made it must be able to exist in reasonable harmony with the current zoning district use.
(b) Additions and Enlargements. Such buildings or structures shall not be added to or enlarged in any manner unless such building or structure in use thereof, including all additions and enlargements thereto, is made to conform to all the use regulations of the district in which it is located, including the applicable provisions of this chapter.
(i) In areas existing before 1980 buildings or structures may be added to or enlarged that do not change the type of the existing use to one other than which is current or which it is zoned. Furthermore, if the change in the building or structure is made it must be able to exist in reasonable harmony with the current zoning district use.
(c) Use Discontinued. Where a nonconforming use is discontinued from active use for a period of one year, further nonconforming use of the property shall be presented before the board of adjustment for their review to approve or to deny the request.
(d) Destruction or Damage of a Nonconforming Use. If any nonconforming building or use is destroyed or damaged by fire, or other casualty or act of God, to the extent exceeding 50 percent of the building or structure, in areas existing before 1980 except flood zones, a new structure may be rebuilt to the extent that it does not expand the nature or circumstances of the nonconformance.
(i) Example 1: A primary or secondary building that was a legally existing nonconforming structure, and was nonconforming only due to setback requirements not being met, may be rebuilt on the same footprint or the same footprint with alterations toward the interior of the lot but not towards the property line it did not have proper setbacks to.
(ii) Example 2: A residential building may be rebuilt in a use district in which it is a nonconformity if it is the exact same footprint as in the previous building destroyed.
Nonconforming structures located in any of the three floodplain overlay districts shall not be repaired or reconstructed except in conformance with the applicable floodplain overlay district regulations and standards. [Ord. 606, 2022; Ord. 573 § 1, 2019; Code 1975 § 6-5.0110.]