(a)

Generally. The application of new regulations to existing development may create circumstances in which existing lot dimensions, density, intensity, land uses, buildings, structures, landscaping and buffering, lighting, parking areas, or signs do not strictly conform to the requirements of the new regulations. For existing lots or development (including uses, buildings, structures, and signs) that are "legally nonconforming," this article sets out equitable rules for whether, when, and how the regulations of this UDC apply.

(b)

Conversion of nonconformities. Generally, nonconforming uses, buildings, structures, and signs are not allowed to be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses that are now prohibited in the same zone. This article provides standards by which minor nonconforming uses can be made "conforming" through a public hearing process.

(c)

Reduction of nonconformities. It is the policy of the city to encourage reinvestments in property that increase its value and utility and reduce its external impacts. Since bringing a developed parcel into full compliance with this UDC may involve substantial costs that may discourage reinvestment, division 4, other physical nonconformities, provides a set of thresholds for determining when new construction or modifications to development trigger a requirement for increasing conformity with the various requirements of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. This article applies to uses, buildings, structures, landscaping, buffering, signs, lighting, parking, density, and lots that were:

(1)

Lawfully established, constructed, installed, planted, or created prior to the effective date but do not conform to the requirements of this UDC; or

(2)

Lawfully established, constructed, installed, planted, or created in one (1) zone, but no longer conform to the requirements of this UDC after the subject property is rezoned.

(b)

Effect of article. Nothing in this article shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained from the city prior to the effective date of this UDC or subsequent amendment, provided that construction:

(1)

Was commenced before the expiration of the building permit; and

(2)

Work is proceeding diligently toward completion.

(c)

Changes of ownership. Nothing in this article shall be construed to affect or restrict changes in ownership, nor shall changes in ownership affect the application of any of the requirements of this article.

(d)

Evidence of status. Evidence that a nonconforming situation is a legal nonconformity and not a violation of this UDC shall be submitted by the owner of the property or use upon request of the administrator.

(e)

Exceptions to article.

(1)

EN Zone. Lots of record within the EN Zone, regardless of their size, and existing buildings on said lots of record, are "conforming lots" and "conforming buildings," respectively.

(2)

Vested rights. This article does not apply to site-specific development plans for which rights are vested, during the period of vested rights.

(3)

Unlawful uses, buildings, or structures. This article does not allow for the perpetuation of unlawful development. Such development is not "legally nonconforming," but instead, "unlawful," and is subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law.

(4)

Natural shifts of zone boundaries. If a zone boundary changes as a result of a change in location of a river, stream, or ditch channel centerline, other natural boundary-defining feature, or street, such change of zone boundary does not render existing development nonconforming.

(5)

Taking for public use. Any nonconforming building, structure, parking, or lot that is expressly created or caused by a conveyance of privately-owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this UDC, and is not subject to limitations in this article. This exemption applies in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or otherwise, when that transaction creates a nonconformity in the remainder parcel in terms of setback, lot area, or other standards of this UDC. However, this exemption does not apply to right-of-way dedication or other public conveyances of land required by the city in the course of subdivision, site plan, or other development approvals.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 2, 7-20-22)

(a)

Generally. Subject to the provisions of this article, a nonconforming use may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure that was arranged or designed for the nonconforming use at the time of adoption of this UDC is not an extension of a nonconforming use.

(b)

Casualty loss. If the building or structure in which a nonconforming use is damaged to the extent that the cost of repair exceeds fifty (50) percent of the appraised value of the property (including the building) for tax purposes, then the nonconforming use of the property shall not be resumed.

(Ord. No. 33-2017, § 1, 12-6-17)

If a nonconforming use is changed to a different use, the new use shall be a use that conforms to the regulations of the zone in which the use is located. After such change, all future use of the subject property shall comply with applicable provisions of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Nonconforming uses that involve structures. If a nonconforming use involving a structure is discontinued from use for a period of six (6) months, further use of the subject property shall conform to the requirements of this UDC.

(b)

Nonconforming uses that do not involve structures. If a nonconforming use not involving a structure is discontinued for a period of three (3) months, further use of the subject property shall conform to the requirements of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. In many instances, nonconforming uses may be integral parts of the city's fabric, that is, its character and function, so their continuing existence promotes the city's policy of retaining existing businesses or protecting its character and neighborhoods. In these instances, the classification "nonconforming use" and resulting restriction on investment may not be what the community desires. As such, a nonconforming use may be made "conforming" pursuant to this Section in order to remove the potential stigma associated with the "nonconforming" designation.

(b)

Limitation. Unlawful uses may not be made conforming under this section.

(c)

Conversion by conditional use approval; standards. A conditional use approval may be granted to make a nonconforming use "conforming," if:

(1)

The criteria for approval of a conditional use set forth in section 21-2-302, are met; and

(2)

The use has minimal nonconformities and has been integrated into the function of its surrounding neighborhood or zone, as evidenced by the following:

a.

Nearby city residents regularly patronize the use or are employed by the use (for nonresidential uses in or abutting residential neighborhoods).

b.

Management practices eliminate nuisances such as:

1.

Spillover of noise or light;

2.

Odors and appearance of waste materials and litter;

3.

Unreasonably congested on-street parking; or

4.

Comparable conflicts with abutting and nearby properties.

c.

There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).

d.

If the use is nonresidential, it is licensed in accordance with the applicable ordinances of the city.

e.

The use has been maintained in good condition and its classification as a nonconforming use would be a disincentive for such maintenance.

(d)

Conditions. Conditions may be imposed relative to bufferyards, landscaping, or other site design provisions, or other limitations (including limitations on future expansion or operational characteristics) necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, lighting, landscaping, parking, drainage, or operations of the use.

(e)

Effect of approval. Uses that comply with the terms of a conditional use approval that is issued in accordance with this section are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the conditional use permit, and subject to its terms. Conditional use approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

(f)

Effect of denial. If an application for conversion of a nonconforming use is denied, the use may thereafter continue as a nonconforming use.

(Ord. No. 33-2017, § 1, 12-6-17)

A building or structure that contains a conforming use, but is nonconforming as to height, setback, or coverage, may be altered or extended, provided that the alteration or extension does not result in a further violation of this UDC or applicable building code.

(Ord. No. 33-2017, § 1, 12-6-17)

Nothing contained in this division shall require any change in the plans, construction, alteration, or designated use of a building for which a building permit has been issued and construction work has commenced prior to the effective date of this UDC, except that if the designated use will be nonconforming it shall, for the purpose of section 21-7-203, be a discontinued use if not in operation within eighteen (18) months after the date of issuance of the building permit.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Cost of repair is fifty (50) percent or more of appraised value. If a nonconforming building or structure is damaged to the extent that the cost of repair is fifty (50) percent or more of the appraised value of the property (including the building) for tax purposes, then future construction on the subject property shall conform to the requirements of this UDC.

(b)

Cost of repair is less than fifty (50) percent of appraised value. If cost of repair is less than fifty (50) percent of the appraised value of the property (including the building) for tax purposes, then restoration is allowed, provided that it is commenced within six (6) months of the damage and completed within eighteen (18) months after commencement.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. A use that is permitted by article II, division 2, land use, or that meets all applicable limited use standards (in the case of a limited use) or conditional use standards (in the case of a conditional use), may be established, continued, maintained, modified, enlarged, or extended, even if other nonconformities are present on the subject property, such as:

(1)

The use is located on a nonconforming lot;

(2)

The use occupies a nonconforming building;

(3)

The use occupies or otherwise utilizes a nonconforming structure;

(4)

The use is located on a lot with nonconforming landscaping or buffering;

(5)

The use utilizes a nonconforming sign;

(6)

The use is illuminated by nonconforming lighting; or

(7)

The use has nonconforming parking.

(b)

No implied waivers. The authorization in subsection (a), above, shall not be construed as a waiver of the requirements of division 3 of this article, or this division with respect to the nonconformities that are present on the subject property. Modifications to buildings, structures, landscaping and buffering, signage, lighting, or parking may require correction or partial correction of nonconforming situations, as provided in this article.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Building expansions, parking lot improvements, and expansions of existing uses. If an existing building, parking lot, or use is expanded or improved, additional landscaping and buffering is required only with respect to the new area of the building or use, or the new or modified area of the parking lot.

(b)

Change of use. Modifications to nonconforming landscaping or buffering are not required if the use of a building changes from one (1) use to another without further changes to the subject property or the exterior of the building, unless:

(1)

A change of use requires additional parking, in which case the parking that is provided to meet that requirement must also comply with the standards in article V, division 3, landscaping.

(2)

A change of use requires limited or conditional use approval, in which case the conditions for approval may include requirements for additional landscaping or buffering upgrades.

(c)

Redevelopment. If an existing property is redeveloped, landscaping and buffering shall be provided as required by article V, division 3, and any applicable limited or conditional use standards.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Continuance. A nonconforming sign may be continued and maintained in reasonable repair, but shall not be altered.

(b)

Historic signs. Historic signs shall not be considered nonconforming signs, and may be rehabilitated or altered in accordance with the preservation brief published by the U.S. Department of the Interior, "The Preservation of Historic Signs," copies of which are available through the department of public works.

(c)

Discontinuance. The right to maintain a nonconforming sign shall terminate immediately if:

(1)

The sign is abandoned;

(2)

The owner of the subject property commits any violation of this article, with respect to such nonconforming sign;

(3)

The sign is damaged, from any cause whatsoever, and the cost of repairing such damage exceeds fifty (50) percent of the replacement cost of such sign on the date of such damage or destruction; or

(4)

The sign is obsolete.

(d)

Removal of obsolete or abandoned nonconforming signs. When the right to maintain a nonconforming sign has been terminated, the process of rehabilitation or, in the alternative, removal shall be as set forth in section 21-4-705(d).

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, § 10, 3-4-20)

(a)

Residential uses. Nonconforming outdoor lighting for residential uses shall be brought into conformance when:

(1)

An existing building is expanded or improved, all new or relocated lighting shall be required to meet the provisions of article V, division 4, Lighting.

(2)

All existing lighting shall be brought into compliance with this UDC when:

a.

A building is expanded such that its floor area grows by twenty (20) percent or more;

b.

The value of proposed new, expanded, or upgraded buildings or improvements (collectively "new construction") on the subject property exceeds the value of the buildings and improvements on the subject property before the new construction.

(b)

Nonresidential, multifamily, and vertically-mixed uses. Nonconforming outdoor lighting for nonresidential, multifamily, and vertically-mixed uses shall be brought into conformance when:

(1)

A building, parking lot, or use is expanded such that its floor area grows by ten (10) percent or more;

(2)

The value of proposed new, expanded, or upgraded buildings or improvements (collectively "new construction") on the subject property exceeds fifty (50) percent of the value of the buildings and improvements on the subject property before the new construction.

(c)

Change of use. Modifications to nonconforming lighting are not required if the use of a building changes from one (1) use to another without further changes to the site or the exterior of the building, unless:

(1)

A change of use requires additional parking, in which case the parking that is provided to meet that requirement must also comply with the standards in div. 5-4, Lighting.

(2)

A change of use requires limited or conditional use approval, in which case the conditions for approval may include requirements for additional lighting upgrades.

(d)

Redevelopment. If the subject property is redeveloped, lighting shall be provided as required by div. 5-4, Lighting.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 27-2024, § 6, 11-6-24)

(a)

Building expansions and expansions of existing uses. If an existing building or use is expanded, additional parking is required only in proportion to the new area of the building or use.

(b)

Change of use. If the use of a building changes, resulting in a net additional demand for parking, then the number of new parking spaces that are required shall be calculated as the lesser of:

(1)

The required parking for the new use according to div. 5-2, parking and loading; or

(2)

(Number of existing parking spaces) + ((number of parking spaces required for the new use) - (number of parking spaces required for the existing use))

(c)

Redevelopment. If an existing building is redeveloped, parking shall be brought into conformity with this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

If a subject property contains more dwelling units than are allowed by the zone in which the subject property is located, the building or buildings may be expanded or extended as may be allowed by this UDC, but the physical aspects of such expansions or extensions shall be in compliance with this UDC, and no new dwelling units shall be created.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. In any zone in which single-family dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record that exists on the effective date of this UDC. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the zone in which it is located for area, or width, or both, provided that the requirement of the zone for minimum yard dimensions shall be met unless a variance to the requirements has been granted by the zoning board of adjustment.

(b)

Combination required. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on the effective date, and part, or all of the lots do not meet the requirements of the zone in which they are located as to minimum area or frontage or both, the lands shall be considered for the purpose of this chapter to be an undivided parcel, and no portion of the parcel shall be sold or used in a manner that diminishes compliance with lot width and area requirements established by this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)