(a)

A nonconforming building or structure existing at the time of adoption of the ordinance from which this article is derived or that was in existence at the time of annexation into the city may be continued and maintained except as otherwise provided in this section.

(b)

A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided however that if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to, provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which the building or structure is located. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.

(c)

A nonconforming building or structure that is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, to the extent of not more than 75 percent of its value, exclusive of foundations, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration is started within a period of six months and is diligently prosecuted to completion. In the event such damage or destruction exceeds 75 percent of the value, exclusive of foundation of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located; provided; however, that any building or structure that is nonconforming due to off-street parking requirements, and is conforming in every other respect, may be restored regardless of the extent of damage.

(d)

Any advertising sign, billboard, commercial advertising structure, or statuary, that is lawfully existing and maintained at the time this article became effective, may be continued, although such structure does not conform with the provisions hereof; provided, however, that no structural alterations are made and provided, further, that all such nonconforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members shall be completely removed from the premises not later than three years from the effective date of the ordinance from which this article is derived.

(e)

A nonconforming building, structure, or portion thereof, that is or hereafter becomes vacant and remains unoccupied for a continuous period of six months shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(f)

Nonconforming storage containers are prohibited for use in any residential platted or unplatted area of five acres or less without permit issuance; and where placement by use on review is allowed for temporary, nonconforming storage containers during construction and temporary storage, the appearance and location is subject to use on review, and furthermore that nonconforming storage containers may not be used for occupancy or other purposes not already described in this section.

(1)

A nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure not changed except to a conforming use.

(2)

If such a nonconforming use or a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

(3)

A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of six months after the effective date of the ordinance from which this article is derived or annexation into the city.

(4)

The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a nonconforming building or structure is changed to a use of a more restricted district classification, it thereafter shall not be changed to a use of a less restricted district classification.

(Code 2012, § 16-7-1; Ord. No. 2008-06, 1-22-2008)

A nonconforming use of land existing at the time of adoption of the ordinance from which this article is derived may be continued, provided:

(1)

The nonconforming use may not be extended or expanded.

(2)

If the nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which the land is located.

(3)

A building or structure that is nonconforming as to use at the time of adoption of the ordinance from which this article is derived or any time thereafter shall not be converted to or in any manner used as a wholesale or retail liquor store unless such change in use conforms to the provisions of the district in which it is located.

(4)

The nonconforming uses does not violate other portions of this Code or state statutes.

(Code 2012, § 16-7-2)

(a)

Purpose. Certain land uses, because of their nature and location, are not appropriate for categorizing into installations. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. Uses listed in section (c) may locate in certain zones under certain conditions by a special permit granted by the city council after a report and recommendation by the planning and zoning commission. After receiving an application for permit, the planning and zoning commission shall hold a public hearing to determine the effect of such proposed use upon the neighborhood character, traffic, public utilities, public health, public safety and general welfare. Such public hearing shall be substantially the same and notices shall be given in accordance with state statutes and city ordinances regulating the rezoning of property. After receiving the report and recommendation of the planning and zoning commission, the city council shall also hold a public hearing to be substantially the same required by state statute and city ordinance regulating the rezoning of property.

(b)

Permit required. No special use shall be erected, used, altered, occupied, nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the city council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance.

(c)

Allowable special uses and conditions.

(d)

Application procedure. An application for a special permit shall be filed with the administrative official on a form provided by the city. The application shall be accompanied by the following:

(1)

A completed application form signed by the property owner;

(2)

An application fee as established by the city's latest adopted schedule of fees;

(3)

A certificate stating that all city and school taxes have been paid to date;

(4)

A property description of the area where the specific use permit is proposed to apply;

(5)

A site plan or plot plan when requested by building official; and

(6)

Any other material and/or information as may be required by the planning and zoning commission, the city council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city.

(e)

Plot plan requirements.

(1)

Whenever a plot plan is required by this section, such plan must conform to the requirements of this section. Unless otherwise specified in this section, all plot plans must be approved by the city manager or his/her designee prior to the issuance of any permit.

a.

The minimum plot plan size that will be accepted is 8.5 inches × 11 inches.

b.

Plot plan may be done by property owner or resident, but shall be to scale using a straight edge.

(2)

Elements of a plot plan. Unless otherwise stated in this section all plot plans must contain the following drawn to a scale of one inch—20 feet or one inch—100 feet:

a.

Property dimension and shape.

b.

Location of roads.

c.

The relationship and precise location of manmade features on the property, e.g. buildings, structures, driveways.

d.

Natural water features. e.g., creeks, rivers, lakes.

e.

Known utilities and easements.

f.

Any physical changes to be made on-site pertaining to permit application.

(3)

Plot plans are required for the issuance of the following permits:

a.

Residential buildings.

b.

Accessory buildings.

c.

Decks, porches, gazebos and awnings.

d.

Garages (attached and detached).

e.

Pole barns.

f.

Fences.

g.

Special use permits.

(f)

Site plan requirements.

(1)

Whenever a site plan is required by this sectopm, such site plan must conform to the requirements of this section. Unless otherwise specified in this section, shall be approved by the city manager or his/her designee. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff and comments shall be returned after the review by the city staff. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the city staff.

(2)

When required by this section, a site plan must be approved prior to the issuance of a building permit by the city.

(3)

Changes to a site plan.

a.

Changes to the site plan shall be processed in the same manner as the original approved site plan.

b.

Except as otherwise provided in paragraph c. below, any site plan that is amended shall require approval of the city manager or his/her designee.

c.

Changes to the site plan which will affect the use of the land may require either an amendment to a planned development or a rezoning of property, whichever applies.

d.

Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the city manager his/her designee.

(4)

The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the city manager and the staff personnel required to enforce and interpret this section:

a.

The boundary lines and dimensions of the property, existing subdivision lots, available utilities, fire hydrants, easements, roadways, sidewalks, emergency access easements and public rights-of-way.

b.

Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.

c.

Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.

d.

The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line and/or alley.

e.

Total number, location and arrangement of off-street parking and loading spaces, where required.

f.

All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.

g.

Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.

h.

The location, size and arrangement of all outdoor signs, exterior auditory speakers and lighting.

i.

The type, location and quantity of all plant material used for landscaping, and the type, location and height of fences or screening.

j.

If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.

k.

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address, or common description of the property.

l.

Current land uses and zoning district of the property, and current land uses and zoning districts of contiguous properties.

m.

Buildings on the exterior of the site and within 25 feet of all property lines.

n.

The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and direction of flow.

o.

The number of square feet of the property after construction, which will constitute impervious area or impervious surface and vegetated areas.

p.

Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

q.

Legal description of the total site area proposed for rezoning, development or specific use permit.

r.

Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's proposals.

s.

A development timetable if development is to be in phases.

t.

The percentage of the site that will be covered by building and structures.

(g)

Additional requirements. The following additional information may also be required if deemed appropriate by staff, the planning and zoning commission or city council:

(1)

Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.

(2)

Description of the present use, assessed value and actual value of the land affected by the proposed facility.

(3)

Description of the proposed use, anticipated assessed value and supporting documentation.

(4)

A description of any long-term plans or master plan for the future use or development of the property.

(5)

A description of the applicant's ability to obtain needed easements to serve the proposed use.

(6)

A description of any special construction requirements that may be necessary for any construction or development on the subject property.

(7)

A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.

(h)

Conditions of approval. A special use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist:

(1)

The proposed use complies with all the requirements of the zoning district in which the property is located.

(2)

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city.

(3)

The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.

(4)

Adequate utilities, road access, drainage, and other necessary supporting facilities have been or shall be provided.

(5)

The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

(6)

The issuance of the special use permit does not impede the normal and orderly development and improvement of neighboring vacant property.

(7)

The location, nature and height of buildings, structures, walls, and fences are not out of scale with the neighborhood. This does not include communication towers.

(8)

The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.

(9)

Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.

(10)

Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties.

(11)

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.

(12)

The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.

(i)

Council action. The city council may grant such a special use permit only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area.

(j)

Additional conditions. In authorizing a special use permit, the planning and zoning commission may recommend, and the city council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community.

(k)

Expiration. Special Use permits shall expire at such time as prescribed by the city council, at any time conditions change, or upon staff recommendation.

(l)

Time limit. A special use permit issued under this division shall become null and void unless construction or use is substantially underway within six months of the granting of the permit, unless an extension of time is approved by the city council.

(m)

Revocation of permit. Special use permit may be revoked or modified, after notice and hearing, for either of the following reasons:

(1)

The permit was obtained or extended by fraud or deception.

(2)

One or more of the conditions imposed by the permit has not been met or has been violated.

(n)

Amendments to special use permits. The procedure for amending a special use permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.

(Ord. No. 2018-01, § I, 1-2-2018)