§ 118-202. Existing lawful nonconforming commercial, industrial, or multi-family buildings and accessory structures.

Under this chapter, existing lawful nonconforming commercial, industrial, or multi-family buildings and accessory structures which were legally established prior to the effective date of this chapter, or which were legally established prior to the effective date of an amendment to this chapter, or which have been rendered nonconforming due to circumstances which were not self-created, may be altered, maintained, restored, relocated or continued, subject to the following:

(1)

Alterations. A lawful nonconforming commercial, industrial or multi-family building or accessory structure shall not be enlarged, replaced, or altered in a way which increases its nonconformity, but any commercial, industrial or multi-family building or accessory structure or portion thereof may be altered to decrease its nonconformity. A lawful nonconforming commercial, industrial or multi-family building may be restored to a safe condition if declared unsafe by the administrative official or other official with jurisdiction, provided such restoration does not constitute more than 60 percent of the said building's replacement cost. Further, unless a variance is obtained, a lawful nonconforming commercial, industrial or multi-family building or accessory structure which undergoes a change in use which increases the need for parking to service the new use when compared to the previous use of said building or accessory structure or expands the floor area of said building or accessory structure more than 50 percent of the combined floor area of said building and accessory structure prior to expansion requires that said property be brought into compliance with the city code, including, but limited to, the property's parking, signage, sidewalk and landscaping.

(2)

Maintenance. A lawful nonconforming commercial, industrial or multi-family building or accessory structure may undergo normal maintenance and repair, including repair of plumbing, electrical systems, structural members, changing of partitions and other interior alterations. However, no such maintenance or repair shall have the effect of increasing the nonconformity, or expanding a nonconforming use, nor shall the floor area of such building or accessory structure be increased within the area of nonconformity, except in accordance with the requirements of this chapter.

(3)

Restoration ("build-back provision"). A lawful nonconforming commercial, industrial or multi-family building or accessory structure damaged or destroyed by an Act of God, or by any means not self-created, to an extent of more than 60 percent of its replacement cost immediately prior to such damage or destruction shall not be restored or reconstructed except in conformity with the provisions of this chapter. A lawful nonconforming commercial, industrial, or multi-family building or accessory structure damaged or destroyed by an Act of God, or by any means not self-created, wherein such damage or destruction is 60 percent or less of its replacement cost prior to such damage or destruction may be restored or reconstructed provided that the nonconformity is neither enlarged or increased and such restoration or reconstruction is made to conform with this chapter to the extent practicable, as determined by the city planner. If there is doubt concerning the amount of damage or the cause of damage or destruction, or the extent of practicability of restoration or reconstruction in conformance with this chapter, the city planner or property owner may request an interpretation by the planning and zoning board, which may consider expert advice on the matter.

(4)

Construction approved prior to adoption or amendment of chapter. Proposed commercial, industrial or multi-family buildings or accessory structures for which building permits have been issued prior to their designation as nonconforming by the adoption of the ordinance from which this chapter or amendment of this chapter derives may be completed and used as originally intended, provided they are complete and in use within one year from the date the permit was issued and shall thereafter be considered a lawful nonconforming commercial, industrial or multi-family building or accessory structure subject to the provisions of this article.

(5)

Discontinuance of nonconforming accessory structures. All nonconforming accessory structures, with the exception of lawful nonconforming commercial, industrial or multi-family buildings, shall be eliminated or otherwise made to conform with this chapter within two years from the effective date of the ordinance from which this subsection derives or, unless otherwise provided for as a condition of annexation, within two years of its annexation. Notwithstanding the foregoing, a nonconforming accessory use shall not continue after the principal use, building or structure is terminated by abandonment, damage, destruction, or cessation of use unless such accessory use or structure thereafter is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory use shall become or replace any terminated principal nonconforming use or building.

(6)

Relocation. A nonconforming commercial, industrial or multi-family building or accessory structure shall not be moved in whole or in part to any other location within the city unless every portion of such commercial, industrial or multi-family building or accessory structure and the use thereof is made to conform with all requirements of this chapter and applicable ordinances.

(7)

Pre-existing structures with prior approvals ("grandfather clause"). Subject to section 118-209, lawful nonconforming commercial, industrial or multi-family buildings, for reasons other than use, which have been issued a building permit prior to the effective date of this article by the city shall be permitted under the conditions of said permit and shall be considered a lawful nonconforming commercial, industrial or multi-family building or accessory structure subject to this article.

(8)

Applicability to single-family dwellings. The provisions provided for in this section 118-202, as it pertains to accessory structures, shall not be applicable to the accessory structures of single-family dwellings.

(Ord. No. 03-17, § 2, 7-10-03)