A.

Purpose. The purpose of this chapter is to regulate and restrict uses, structures, lots, and signs that were established legally prior to the effective date of this Ordinance, that no longer conform to the requirements of this Ordinance or future Ordinance amendments. All such situations are collectively referred to in this chapter as "nonconformities." While nonconformities may continue, this chapter is intended to achieve their eventual elimination, in order to preserve the integrity of this Ordinance and the character of the city.

B.

Authority to continue.

1.

Generally. Any nonconformity that lawfully existed as of the effective date of this Ordinance and that remains nonconforming, and any nonconformity that is created as a result of any subsequent rezoning or amendment to the text of this Ordinance, may be continued or maintained as a nonconformity only in accordance with the terms of this chapter.

2.

Exception due to variances, minor modifications, or specific use permit. Notwithstanding subsection 1. above, this chapter shall not apply to any development standard or feature that is the subject of a variance or minor modification granted under this Ordinance. Where a variance, specific use permit, or minor modification has been granted that results in a development standard or feature that does not otherwise conform to the requirements of this Ordinance, that development standard or feature shall be deemed conforming.

C.

Determination of nonconformity status. In all cases, the burden of establishing the existence of a legal nonconformity shall be solely upon the owner of the nonconformity, not the city.

D.

Nonconformities created through government action. If a structure, use of land, use of structure, or characteristic of use does not comply with the requirements of this Ordinance solely as a result of an acquisition of land or other action by a government agency for a public purpose, then such structure, use of land, use of structure, or characteristic of use on land not acquired by the government shall be deemed conforming.

E.

Change of ownership or tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity are permitted, but such nonconformities shall continue to be subject to the provisions of this chapter.

F.

Maintenance and minor repair. Minor repairs or maintenance of nonconformities that are required to keep structures or sites in a safe condition are permitted, provided that the minor repair or maintenance does not increase the extent of nonconformity. For purposes of this section, "maintenance or minor repair" shall mean:

1.

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure;

2.

Maintenance of land areas to protect against health and environmental hazards and promote the safety of surrounding land uses; and

3.

Repairs that are required to remedy unsafe conditions that cause a threat to public safety.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Enlargement, alteration, or movement.

1.

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

2.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

B.

Damage or destruction.

1.

If a nonconforming structure is damaged or destroyed by any means to an extent greater than 50 per cent of its replacement cost at the time of damage or destruction, then such structure shall not be reestablished unless it is made to conform to the requirements of this Ordinance.

2.

Where a nonconforming building is damaged by less than 50 per cent of its replacement cost at the time of damage, it may be repaired or restored, provided any such repair or restoration is started within 12 months and is completed within 18 months from the date of partial destruction.

3.

Reconstruction costs shall be prepared by the applicant and submitted to the chief building official for review. The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any building or activity devoted to a nonconforming use.

A.

Nonconforming use of structure. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Any nonconforming use may be extended throughout parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

3.

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

4.

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

5.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

B.

Nonconforming use of land. Where, at the effective date of adoption or amendment of this Ordinance, lawful uses of land exist that are no longer permissible under the terms of this Ordinance as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provision:

1.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

2.

No such nonconforming use shall be moved in whole or in part of any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.

3.

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

C.

Specific uses and special exceptions. A specific use or special exception use existing prior to the effective date of this Ordinance that is permitted in its entirety as a principal use in the district in which it is located under this Ordinance shall remain applicable.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any lot which is of official record on the effective date of this Ordinance, subject to the following restrictions:

A.

There must be provided a minimum lot width of 50 feet.

B.

There must be provided a minimum of 15 feet in side yards with ten feet on any one (1) side.

C.

The front and rear yards must comply with the requirements set forth in this Ordinance for the zoning districts within which the lot of record is located.

Further, the lot of record lot must be in separate ownership and not of continuous frontage other lots in the same ownership. Variance of area, width, and yard requirements shall be obtained only through action of the board of adjustment.

A.

Termination. A nonconforming sign shall immediately lose its legal nonconforming status, and therefore shall be brought into conformance with this Ordinance or removed, when any of the following occur:

1.

The size or shape of the sign is changed; or

2.

The sign structure is altered. Alteration does not include repairs and/or maintenance; or

3.

The nonconforming sign is accessory to a nonconforming use that has lost its nonconforming status; or

4.

The primary structure on the property at which the sign is located is the subject of an application for a building permit for reconstruction, remodeling, expansion, or other improvements to the primary structure on such property, and the value of the proposed improvements total more than 25 per cent of its replacement cost of such primary structure.

B.

Maintenance of nonconforming signs. Nonconforming signs shall continue to be maintained in safe condition pursuant to the building regulations of the city.

C.

Alteration, relocation, or replacement of nonconforming signs. A nonconforming sign shall not be structurally altered, relocated, or replaced unless it is brought into compliance with the provisions of this section.

D.

Reconstruction of damaged sign. If a sign and/or its support are damaged to the extent where the repair costs exceed 50 per cent of the replacement cost of the sign, the sign shall be removed or brought into compliance.