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Algona City Zoning Code

22.36 Nonconforming

Lots, Uses and Structures

22.36.010 Intent.

Within the districts established by this title or amendments thereto, there exist lots, structures, and uses of land and structures which were lawful before the ordinance codified in this title was passed or amended but which would be prohibited, regulated, or restricted under the terms of this title or its amendments. It is the intent of this title to permit these nonconforming uses to continue until they are removed but not to encourage their survival. Such uses are declared to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, extended or used as grounds for adding other prohibited uses. However, nothing in this title shall be deemed to require a change in the plans, construction or designated uses of a building on which actual lawful construction has been begun prior to the effective date of the ordinance codified in this title or any applicable amendment. (Ord. 817 § 2, 1996).

22.36.020 Nonconforming lots of record.

In any district in which single-family dwellings are permitted, notwithstanding other limitations imposed by this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of the ordinance codified in this title. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.

If two or more lots or combination of lots with continuous frontage in single ownership are of record at the effective date of the ordinance codified in this title, and if all or part of the lots do not meet the requirements for lot area and lot width, the land involved shall be considered to be an undivided parcel and no portion of said parcel shall be used or sold which does not meet lot area and width requirements of the district in which it is located, nor shall any division of the parcel be made which creates lots or portions of lots below such requirements. (Ord. 817 § 2, 1996).

22.36.030 Nonconforming uses of land.

A lawful use of land on the effective date of the ordinance codified in this title or its amendment which is made no longer permissible by the terms of this title or its amendment may be continued if it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied by such use at the effective date of the adoption or amendment of the ordinance codified in this title; except that existing single-family homes in the community commercial zoning district may be increased by no more than fifteen percent of the existing floor area.

B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel being occupied by such use at the effective date of the adoption or amendment of the ordinance codified in this title.

C. If any such nonconforming use ceases for a period of more than thirty days, any subsequent use of the land shall conform to district regulations for the district in which it is located. (Ord. 817 § 2, 1996).

22.36.040 Nonconforming structures.

Where a lawful structure exists that could not be built under the terms of this title, such structure may be continued so long as it remains otherwise lawful, providing that:

A. No such structure may be enlarged or altered in any way that increases its nonconformity.

B. Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title or a variance from the board of adjustments; except that a single-family home in the community commercial district may be allowed an in-kind replacement of the residential structure.

C. Should such structure be moved, it shall thereafter conform to the regulations of the district to which it is relocated. (Ord. 817 § 2, 1996).

22.36.050 Nonconforming uses of structures.

If a lawful use of a structure, or of structure and premises, exists at the effective date of adoption or amendment of the ordinance codified in this title, the lawful use may be continued so long as it remains otherwise lawful, providing that:

A. No existing structure devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to a permitted use, except as provided in Section 22.36.030(A).

B. Any nonconforming use may be extended to any other parts of the building designed for such use, but no such use may be extended in any way to occupy land outside the building, except as provided in Section 22.36.030(A).

C. If no structural alterations are made, any nonconforming use of a building, structure or premises may be changed to another nonconforming use; provided, that the board of adjustment shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such changes, the board of adjustment may require appropriate conditions or safeguards.

D. Any structure, or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed.

E. Whenever a nonconforming use of a structure is discontinued or abandoned for six consecutive months, the structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

F. Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 817 § 2, 1996).

22.36.060 Repairs and maintenance.

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing or repair or replacement of nonbearing walls, to an extent not exceeding ten percent of the replacement value of the building in any one year; provided, that such work does not increase the cubic content of the building, except as provided in Section 22.36.030(A). Nothing in this title shall be deemed to prevent the strengthening or restoring to safe conditions of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 817 § 2, 1996).

22.36.070 Conditional uses.

Conditional uses provided for under Chapter 22.44 shall not be deemed a nonconforming use in the district in which it is permitted. (Ord. 817 § 2, 1996).

22.36.080 Cessation of automobile wrecking yards, salvage yards, or junkyards.

Any automobile wrecking yards, salvage yards, or junkyards are declared to be nuisances, and any such activities in existence in any district, at the date of the enactment of the ordinance codified in this title shall, at the expiration of one year from such date, become a prohibited and unlawful use and shall immediately be discontinued. (Ord. 817 § 2, 1996).

22.36.090 Cessation of billboards.

Any billboards or nonaccessory outdoor advertising signs are declared to be nuisances, and any such activities in existence in any district, at the date of the enactment of the ordinance codified in this title shall, at the expiration of one year from such date, become a prohibited and unlawful use and shall immediately be discontinued. (Ord. 817 § 2, 1996).

22.36.100 Commercial conversion.

Exceptions to this chapter as they relate to the addition of dwelling units added within an existing building located on a property zoned commercial/mixed use are covered in AMC 22.48.110(D). (Ord. 1255-25 § 8, 2025).