§ 78-10. Existing nonconforming development.

A use, building or structure shall be considered nonconforming if it is not in full compliance with all regulations of the land use district in which it is situated. A use, building, or structure, lawfully in existence on August 15, 2006, which shall be made nonconforming upon the passage of this chapter or any applicable amendment thereto, may be continued and not be considered to be in violation of the provisions of this chapter except as otherwise provided in this section.

(1)

Regulation of nonconforming uses and structures. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted, or structurally altered except when changed to a conforming use, or when required to do so by law and as follows:

a.

A nonconforming structure which has less than 50 percent of its previous existing floor area made unsafe or unusable may be restored, reconstructed, or used as before. All repairs shall be completed within one year after damages occur or the use shall not be rebuilt except as a conforming use.

b.

Normal maintenance, repair, and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. However, no structural alterations shall be made which would increase the number of dwelling units.

(2)

Termination of nonconforming uses and structures. Nonconforming uses, buildings or structures shall not be re-established and shall be considered in violation of the provisions of this chapter when:

a.

A nonconforming use, building or structure is not used for a period of six months or more or the use is changed to a more restricted or conforming use for any period of time.

b.

When 50 percent or more of the existing floor area of a nonconforming structure is destroyed by fire or other casualty or act of God and as a result becomes unsafe or unusable, the use permitted of the building or structure as a nonconforming use shall be terminated.

(3)

Special provisions for specific nonconformities.

a.

Nonconformity with stormwater management requirements. An existing development that does not currently comply must be brought into full compliance with the stormwater management requirements of this chapter when the use of the development is intensified, resulting in an increase in stormwater runoff or added concentration of pollutants in the runoff.

b.

Nonconformity with parking and loading requirements. Full compliance with this chapter shall be required where the seating capacity or other factor controlling the number of parking or loading spaces required is increased by ten percent or more.

c.

Nonconforming signs. All nonconforming signs shall be prohibited; except signs that are within ten percent of height and size limitations, and that in all other respects conform to the requirements of these land use regulations, shall be deemed to be in conformity.

A nonconforming sign may be continued and shall be maintained in good condition as required by these land use regulations, but it shall not be:

Structurally changed, altered, expanded, or reestablished after damage or destruction if the estimated cost of reconstruction exceeds 20 percent of the appraised replacement cost as determined by the city.

1.

Nonconforming signs along federal highways. If it is determined that nonconforming signs exist along a federal interstate or primary aid highway, the City Council shall develop a plan for their expeditious removal in accordance with state and federal law.

d.

Nonconforming vehicle use areas.

1.

Compliance upon replacement or resurfacing. An existing vehicle use area that does not comply with the requirements of this chapter must be brought into full compliance when a total of 25 percent or more of the paving of the vehicle use area is replaced or resurfaced within any two-year period.

2.

Compliance upon expansion. When the square footage of a vehicle use area is increased, compliance with this chapter is required as follows:

i.

Expansion by ten percent or less. When a vehicle use area is expanded by ten percent or less, only the expansion area must be brought into compliance with this chapter.

ii.

Expansion by more than ten percent. When a vehicle use area is expanded by more than ten percent, the entire vehicle use area shall be brought into compliance with this chapter.

Repeated resurfacing, replacement or expansions of paving of any size shall be combined in determining whether the above threshold has been reached.

(Ord. of 9-25-06)

Cross reference

Signs, ch. 82.