This chapter and chapter 111, as well as any amendments or additions thereto, shall be known and may be referred to as the "City Zoning Ordinance."

(Ord. No. 2880, § 5(Exh. A), 3-5-2019)

(a)

Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes;

(b)

Divide the municipality and its extraterritorial zoning jurisdiction into districts and establish by reference to maps the boundaries of said districts for said purposes; to provide for orderly off-street parking and loading;

(c)

Provide guidelines for this Code's administration and interpretation;

(d)

Provide for invalidity of a part and for repeal of other ordinances in conflict with this chapter.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. This chapter is not intended to interfere with or abrogate or annul any easement, covenants, or other agreements between parties, or any statute, local ordinance or regulation, except that if this chapter imposes a greater restriction or higher standard this chapter shall control.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019)

State Law reference— Conflicts between zoning ordinances and other ordinances, R.R.S. 1943, § 19-914.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the zoning ordinance herein specified for the district in which it is located. Any use not listed herein may be placed in a suitable district classification by the city council after recommendation of the planning commission.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019)

All rights or remedies of the city are expressly saved as to any and all violations of previous zoning regulations or amendments thereto of said city that have accrued at the time of the effective date of the ordinance from which this chapter is derived; and that all existing violations of previous zoning regulations which would otherwise become legal nonconforming uses under this chapter shall not become legal nonconforming uses under this chapter, but shall be violations of this chapter in the same manner that they were violations of prior zoning regulations.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019)

(a)

Storage and signs. The lawful use of a lot of record for storage purposes or advertising signs and which contains no buildings, and which use for storage or signs is not permitted by this Code, or by an amendment thereto, shall not be enlarged and shall be discontinued within five years from the date of the adoption of the ordinance from which this chapter is derived or any amendment thereto.

(b)

Continuance. The use of a building, structure, or land, existing and lawful at the time of the adoption of this zoning ordinance, or at the time of an amendment to the zoning ordinance or zoning district map, may, except as provided in this section, be continued, although such use does not conform with provisions of the zoning ordinance or amendment; and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension.

(c)

Change of use. If no structural alterations are made, a nonconforming use of a building or lot may be changed to another nonconforming use of the same or lower classification, or to a conforming use; such use shall not thereafter return to a nonconforming use of a higher classification or, if said use was made to be conforming it may not return to a nonconforming use.

(d)

Discontinued. In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped, for a period of 12 months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to the zoning ordinance.

(e)

Destroyed or damaged. When a nonconforming building or a building containing a nonconforming use is damaged by fire, explosion, act of God, or the public enemy to the extent of 75 percent or more of its fair market value, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is located. If a nonconforming building or building containing a nonconforming use is damaged by fire, explosion, act of God, or the public enemy to the extent of less than 75 percent of its fair market value, it may be restored, provided such restoration is completed within 12 months from the date of destruction and further provided that any necessary litigation shall not be counted as part of the 12 months allowed for restoration.

(f)

Enlarged. A nonconforming use of a building may not be enlarged, extended, nor may the building be enlarged or altered unless such enlargement or alteration is made to conform to the regulations of the district in which it is located, provided, however, a use or building containing a nonconforming use may be enlarged or altered by variance from the board of adjustment after public hearing proving a hardship exists that meets the following requirements:

(1)

Such use is a legal, preexisting, nonconforming use.

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

(3)

The expansion will not be of substantial detriment to the adjacent property and the character of the district will not be changed.

(4)

The hardship shall be distinguishable from variations for the purpose of convenience, profit, or caprice.

The structure shall not be enlarged an amount greater than 25 percent of its original ground coverage area. Once the structural additions reach 25 percent of the original ground coverage area, no further expansion shall be allowed.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

State Law reference— Nonconforming uses, R.R.S. 1943, § 19-904.01.