Within the districts established by this title, or amendments that may later be adopted, there exist uses, structures and lots which were lawful before this title was adopted or amended, but which would be prohibited under the terms of this title or future amendment to this title. These uses, structures and lots, herein referred to as "nonconforming", may continue as regulated by this chapter. A use lawfully existing prior to the effective date hereof, or amendment thereto, which does not comply with a parking, loading, screening, bulk and area, sign or enclosure requirement or requirements, but which is otherwise lawful shall be deemed nonconforming and may continue as regulated by sections 11-11-4, 11-11-5, 11-11-8, and 11-11-9 of this chapter.

(Ord. 2236, 1-22-2018)

A.

When, at the effective date hereof, or amendment thereto, a lawful use of land exists which would not be permitted by the terms of this title or amendments thereto, and the only structures employed in connection with such uses are all accessory or incidental to such use and in the aggregate do not cover more than ten percent (10%) of the lot area devoted to the nonconforming use, such use shall be deemed a nonconforming use of unimproved land and shall terminate as follows:

1.

If the replacement cost of the accessory structures (other than fences) is less than one thousand dollars ($1,000.00), the nonconforming use shall terminate within five (5) years from the effective date hereof or from the date the use became nonconforming, whichever is later.

2.

If the replacement cost of the structures (other than fences) is one thousand dollars ($1,000.00) or more, the nonconforming use shall be terminated on the basis of amortization of the replacement cost of the accessory structures at a rate of two hundred dollars ($200.00) per year from the effective date hereof or from the date the use became nonconforming, whichever is later.

B.

Pending termination, the nonconforming use of land may be continued provided:

1.

No such nonconforming use shall be changed to another nonconforming use, nor enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date hereof or amendment thereof.

2.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date hereof or amendment thereof.

3.

No additional structure (other than fence) shall be erected in connection with such nonconforming use of land.

4.

If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) days (except when governmental action impedes access to or use of the premises), any subsequent use of such land shall conform in all respects to the regulations of the district in which located.

(Ord. 272, 4-2-1974)

When at the effective date hereof or amendment thereto, there exists a lawful use of a building, or use of a principal building and land, or use of land and accessory structures, such structures covering more than ten percent (10%) of the lot area, and such use would not be permitted by the terms of this title or amendment thereto, such use shall be deemed nonconforming and may continue subject to the following provisions:

A.

No building devoted to a nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is located.

B.

A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use, but such use shall not be extended to occupy any land outside the building.

C.

A nonconforming use of a building, or building and land in combination, if superseded by a permitted use, shall not thereafter be resumed.

D.

A nonconforming use of a building, or building and land in combination, if discontinued for thirty-six (36) consecutive months or for thirty-six (36) months during any four (4) year period (except when governmental action impedes access to or the use of the premises) shall not thereafter be resumed.

E.

Where nonconforming use status applies to a building and land in combination, termination of use of the building within the meaning of subsection D of this section, shall eliminate the nonconforming status of the use of the land.

F.

A nonconforming use of a building or of a building and land in combination, when located within a residential district, shall not be changed unless changed to a use permitted in the district in which located. A nonconforming use of a building or of a building and land in combination, when located within a district other than a residential district, may, as a special exception, be changed upon approval of the board of adjustment after a finding that the proposed use will not result in any increase of incompatibility with the present and future use of the proximate properties. The change of a use to another use contained within the same use unit shall not constitute a "change of use" within the meaning of this section.

G.

Should the structure containing a nonconforming use be damaged or partially destroyed to the extent of more than fifty percent (50%), but less than seventy five percent (75%), of its current replacement cost at time of damage, the restoration of the structure shall be subject to the board of adjustment's finding after adherence to the procedural requirements for a special exception, that the contemplated restoration is necessary for the continuance of the nonconforming use, and will not result in any increase of incompatibility with the present or future use of proximate properties. Should the structure containing a nonconforming use be damaged or destroyed to the extent of more than seventy five percent (75%) of its replacement cost at time of damage, the nonconforming use shall not thereafter continue or be resumed.

(Ord. 272, 4-2-1974)

A sign lawfully existing at the effective date hereof or amendment of this title, but which would be prohibited under the terms of this title or amendment to this title, shall be deemed nonconforming, and may continue, including normal maintenance and change of face, if not rebuilt, enlarged, extended or relocated; provided, that if the sign was erected within an AG district after the effective date hereof and becomes nonconforming upon rezoning to an R or O district and is not accessory to an on site principal use, the sign shall be removed within six (6) months from the effective date of the rezoning; other nonconforming signs if located in an R district and not accessory to an on site principal use, shall be removed within six (6) months from the date the sign became nonconforming.

(Ord. 272, 4-2-1974)

A.

Residential Districts: In the residential districts, on any lot which title is filed of record on or before April 2, 1974, or on any lot within a subdivision having received the approval of the city council on or before April 2, 1974, a single-family detached dwelling may be erected without complying with the required area or width of the required side yard which abuts a public street; provided, that no side yard shall be less than five feet (5') and all other requirements of the use district are complied with.

B.

Nonresidential Districts: In nonresidential districts, on any lot filed of record on or before April 2, 1974, or on any lot within a subdivision having received approval of the city council on or before April 2, 1974, the permitted use may be located on such lot irrespective of its area or width; provided, that other requirements of the district are complied with.

C.

Small Lots: Lots too small to meet the minimum lot area standard, when under common ownership and in the same zoning district, shall be deemed a singular lot of conforming size, or of a maximum size that can be achieved, for purposes of compliance with the lot area standard of this title.

(Ord. 272, 4-2-1974; amd. Ord. 2031, 12-21-2009)

A structure, lawfully existing at the effective date hereof or amendment of this title, but which would be prohibited by the terms of this title by reason of restriction on floor area, density, intensity, height, yards, its location on the lot, or other requirements concerning the structure, shall be deemed nonconforming and may continue, subject to the following provisions:

A.

No such nonconforming structure may be enlarged or altered in any manner which increases its nonconformity; provided, that the addition of a mezzanine or similar alteration which does not increase the cubic content of the structure shall not constitute an "increase in nonconformity".

B.

Should such structure be damaged or partially destroyed by any means to the extent of more than fifty percent (50%) of its current replacement cost at time of damage, the restoration as a nonconforming structure shall be subject to the board of adjustment's finding, after adherence to the procedural requirements for a special exception, that its restoration to a conforming structure cannot reasonably be made in view of the nature and extent of the nonconformity and the nature and extent of the damages.

C.

Should such structure be moved for any distance whatever, it shall thereafter conform to the provisions of the district in which located.

(Ord. 272, 4-2-1974)

A.

On any building containing a nonconforming use or any nonconforming structure, ordinary repairs and maintenance may be made; provided, that the cubic content of the building is not increased, and structural nonconformity is not increased.

B.

If a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and a final order of vacation or demolition is entered by any duly authorized official by reason of physical condition, it shall not thereafter be used, restored or repaired, or rebuilt except in conformity with the provisions of the district in which located.

(Ord. 272, 4-2-1974)

A use lawfully existing at the effective date hereof or amendment thereto, but which does not comply with a parking, loading or screening requirement or requirements of this title, shall be deemed nonconforming and may continue, subject to the following provisions:

A.

No such use may be enlarged or extended unless parking and loading is provided as required for the enlargement or extension.

B.

No such use may be enlarged or extended unless screening is provided as required for the use.

C.

No such use may be changed unless parking, loading and screening is provided as required for such use; provided, however, that the board of adjustment may modify such parking and loading requirements as a special exception after finding that the proposed use meets the standards contained in subsection 11-4-9C of this title, and the proposed use will not result in any increase of incompatibility with the present and future use of the proximate properties. The change of use to another use contained within the same use unit shall not constitute a "change of use" within the meaning of this section.

D.

Notwithstanding the above, any change of a use which abuts residential development to allow access between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. when none was previously allowed shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

(Ord. 2242, 6-11-2018)

At the effective date hereof or amendment thereto, there exists a nonconforming fruit and vegetable stand in an AG district, it shall continue annually as a nonconforming use and shall be exempt from the provisions of section 11-11-2 of this chapter.

(Ord. 272, 4-2-1974)