The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, non-conformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise and/or the lowering of property values. The regulations of this subchapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of non-conformities.

(1960 Code, § 60-9-1)

   Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the district in which it is located may be used for any use permitted in the district if such vacant lot:

   (A)   Is of record on the effective date of this chapter (or pertinent amendment thereto);

   (B)   Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance; and

   (C)   Is at least 30 feet wide.

(1960 Code, § 60-9-2)

   If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth and area requirements of this district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed, except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(1960 Code, § 60-9-3)

   Any lawful structure which exists on the effective date of this chapter, but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions.

   (A)   Enlargement, alterations. No such structure shall be enlarged or altered in any way which increases its non-conformity.

   (B)   Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

   (C)   Reconstruction.

      (1)   Any non-conforming building or structure other than a single residence in an “A-1” District damaged by more than 75% by fire, collapse, explosion or Act of God cannot be reconstructed, repaired or rebuilt unless it is made to conform to this chapter.

      (2)   Any non-conforming single-family residence in an “A-1” District damaged by more than 75% by fire, collapse, explosion or an act of God may be rebuilt. Prior to rebuilding, the plans for the new residence must be approved by the Zoning Board of Appeals and the City Council. There shall be no fee charged for review by the Zoning Board or the City Council.

   (D)   Exception. Any existing mobile home located in the city may be replaced with a mobile home, provided such replacements take place within 60 days of the removal of the original mobile home. All new mobile homes shall conform to all the regulations of the district in which it is located.

(1960 Code, § 60-9-4) (Ord. 7187, passed 10-20-2008)

   If any lawful use occupying a structure exists on the effective date of this chapter, but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following provisions.

   (A)   Maintenance. Any structure housing a non-conforming use may be maintained through ordinary repairs.

   (B)   Enlargement, alteration, reconstruction and relocation. No structure housing in non-conforming use shall be enlarged, structurally altered, reconstructed or relocated unless 50% of the structure is changed to a permitted use.

   (C)   Extension of use. No non-conforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the non-conforming use be extended to occupy any land outside such structure.

   (D)   Change of use. A non-conforming use of a structure may be changed to a similar use, to a more restrictive use or to a conforming use. Such use shall not thereafter be changed to a less restrictive use.

   (E)   Discontinuance of use. When a non-conforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months or for 18 months during any three-year period, the non-conforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the non-conforming user shall not be counted in calculating the length of discontinuance. For the purposes of multiple-family dwellings discontinuance of use shall be by either physical deconversion of the structure or no valid occupancy exceeding 12 consecutive months.

(1960 Code, § 60-9-5) (Ord. 3714, passed 6-16-1980; Ord. 9217-2023, passed 11-6-2023)

   Any lawful use of land existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.

   (A)   Intensification or extension of use. A non-conforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of this chapter.

   (B)   Relocation. No non-conforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

   (C)   Change of use. Whenever a non-conforming use of a building has been changed to a more restrictive use or to a conforming use, such shall not thereafter be changed to a less restrictive use. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.

   (D)   Discontinuance. When a non-conforming use of land is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance. For the purposes of multiple-family dwellings discontinuance of use shall be by either physical deconversion of the structure or no valid occupancy exceeding 12 consecutive months.

(1960 Code, § 60-9-6) (Ord. 9217-2023, passed 11-6-2023)

   The regulations of this subchapter shall not apply to any change in any existing structure or to any change in the use of a structure or of land for which a permit was issued prior to the effective date of this chapter or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.

(1960 Code, § 60-9-7)