(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)