The intent of this chapter is to accumulate provisions applying to all land and buildings within the incorporated area of the city into one chapter rather than to repeat them several times.

(Ord. 199, 11-14-1983)

   A.   Nonconforming Buildings And Uses:

      1.   Generally: In view of the fact that no further development or change in use can be undertaken contrary to the provisions of this title, it is the intent of this title that nonconforming uses shall not be increased nor expanded except where a health or safety official, acting in his official capacity, requires such increase or expansion. Such expansion shall be no greater than that which is required to comply with the minimum requirements as set forth by the health or safety official. Nevertheless, a nonconforming building or structure or use of land may be continued to the same extent and character as that which legally existed on the effective day of the applicable regulations. Repairs may also be made to a nonconforming building or to a building housing a nonconforming use.

      2.   Damaged Building Restored: A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or act of God or public enemy may be restored, and the occupancy or use of such building, structure, or part thereof, which legally existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year from the date of destruction and is diligently prosecuted to completion, and provided that such restoration does not increase the floor space devoted to the nonconforming use over that which existed at the time the building became nonconforming.

      3.   Discontinuance Or Abandonment: A nonconforming building or structure, or portion thereof, or a lot occupied by a nonconforming use which is, or hereafter becomes, abandoned or is discontinued for a continuous period of one year or more shall not thereafter be occupied, except by a use which conforms to the use regulations of the zone in which it is located.

      4.   Change To Conforming Use: A nonconforming use or building may be changed to a conforming use or building. Any nonconforming use or building which has been changed to a conforming use or building shall not thereafter be changed back to a nonconforming use.

      5.   Change To Another Nonconforming Use Prohibited: A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use.

      6.   Reclassification Of Territory: The provision pertaining to nonconforming uses of land and buildings shall also apply to land and buildings which hereafter become nonconforming due to an amendment to this title. (Ord. 199, 11-14-1983)

      7.   Prior Permits; Construction: Notwithstanding the issuance of a permit therefor, no building which becomes nonconforming upon the effective date hereof or which becomes nonconforming due to an amendment to this title shall be built unless construction has taken place thereon to the extent of at least such amount as set by the city council in replaceable value by the effective date hereof or when said amendment becomes effective. "Replaceable value" shall be construed to mean the expenditure necessary to duplicate the materials and labor at market prices. (Ord. 199, 11-14-1983; amd. 2011 Code)

   B.   Nonconforming Lots Of Record: Notwithstanding any other provision of this title, a one-family dwelling may be permitted on any lot of record in any zone in which dwellings are permitted, even though such lot fails to meet the area or width requirements for one-family dwellings within the zone; provided, that where two (2) or more contiguous lots of record having continuous frontage are owned by the same person at the effective date of the controlling ordinance, the land included in the lots shall be considered to be an undivided parcel and no portion of said parcel shall be used as a dwelling site or sold which does not meet the area and width requirements of the zone in which the lot is located. Yard dimensions and other requirements not involving area or width shall conform to the regulations of the zone in which the lot is located, except when granted by a variance by the planning and zoning commission.

(Ord. 199, 11-14-1983)

(Rep. by Ord. 303, 12-12-2022)

This title, including the map, may be amended as hereinafter provided.

   A.   Intent With Respect To Amendments: It is hereby declared to be public policy that this title shall not be changed except to correct manifest errors or to more fully carry out the intent and purpose of the master plan for the city and of this title.

   B.   Procedure: Any person seeking an amendment to this title or map shall submit to the City Council a written petition designating the change desired and the reasons therefor and shall pay a filing fee in such amount as set by the city council to the city. Upon receipt of the petition and the payment of the filing fee, the City Council shall consider the request. City council may also initiate amendments to this title.

   C.   Public Hearing; Notice: Amendments to this title may be adopted only after a public hearing in relation thereto before the city council at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation within the area at least fifteen (15) days before the date of hearing, as required by law. (Ord. 199, 11-14-1983; amd. 2011 Code; Ord. 303, 12-12-2022)