5.1.1 Intent and Definition

A.

Continuance.

Within the districts established by this UDC or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Code was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Code to allow continuance of such nonconforming uses, as long as the standards within this article are met.

B.

Expansions/Enlargements.

Nonconforming uses or structures shall not be enlarged, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

C.

Incompatibility.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

D.

Construction Underway.

Nothing contained herein shall be construed to require:

1.

Any change in the overall plans, construction or designated use of any structure or part thereof where official approval and the required building permits were granted before the enactment of this UDC;

2.

Any amendment thereto where the construction thereof, conforming with such plans, shall have been started prior to the effective date of this UDC or such amendment, and where such construction shall have been completed in a normal manner within a six (6)-month period following the effective date of this UDC with no interruption except for reasons beyond the builders' control.

5.1.2 Classification of Nonconformities.

5.1.2.1 Nonconforming Use

A.

Criteria.

Any use that does not conform to the regulations of this Code on the effective date hereof or any amendment hereto shall be deemed a nonconforming use provided that:

1.

Such use was in existence under and in compliance with provisions of the immediately prior UDC; or

2.

Such use was a lawful, nonconforming use under the immediately prior UDC; or

3.

Such use was in existence at the time of annexation into the City and was a legal use of the land at such time and has been in regular and continuous use since such time.

B.

Conformance to a Zoning District.

Any other use that does not conform to the regulations of the Zoning District in which it is located on the effective date of this UDC or any amendment hereto shall be deemed to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such use.

C.

Proving a Legal Nonconformity.

It shall be the property owner's responsibility to provide information to the City that the property represents a legal nonconforming use or structure, granting the property owner rights to use and enjoy their property as a legal conformity as outlined within this article.

5.1.2.2 Nonconforming Structure

A.

Criteria.

Any structure that does not conform to the regulations of this UDC on the effective date hereof or any amendment hereto shall be deemed a nonconforming structure provided that:

1.

Such structure was in existence under and in compliance with provisions of the immediately prior UDC; or

2.

Such structure was a lawful, nonconforming structure under the immediately prior UDC regulations; or

3.

Such structure was in existence at the time of annexation into the City, and was a legal structure at such time, and has been in regular and continuous use since such time.

B.

Conformance to a Zoning District.

Any other structure that does not conform to the regulations of the Zoning District in which it is located on the effective date of this UDC or any amendment hereto shall be deemed to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such structure.

C.

Proving a Legal Nonconformity.

It shall be the property owner's responsibility to provide information to the City that the property represents a legal nonconforming use or structure, granting the property owner rights to use and enjoy their property as a legal conformity as outlined within this article.

5.1.2.3 Nonconforming Lot

A.

Criteria.

Any platted lot that does not conform with the regulations of this UDC on the effective date hereof or any amendment hereto, except as expressly provided in subsection (C) below, shall be deemed a nonconforming platted lot provided that:

1.

Such platted lot was in existence under and in compliance with the provisions of the immediately prior UDC regulations;

2.

Such platted lot was a lawful, nonconforming platted lot under the immediately prior UDC regulations;

3.

Such platted lot was in existence at the time of annexation into the City; or

4.

Such platted lot was a legally platted subdivision of the land at such time of UDC adoption;

B.

Conformance to a Zoning District.

Any other platted lot that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Code or any amendment hereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this Code, and the City shall be entitled to enforce fully the terms of this Code with respect to such platted lot.

C.

Conforming Platted Lots.

The following types of platted lots shall be deemed in conformance with the provisions of this Code and nothing in this Code shall be construed to prohibit the use of such lots, notwithstanding the fact that such lots do not meet the standards of this UDC in the district in which it is located:

1.

Any vacant lot that conformed to the City's UDC regulations at the time that it was platted; or

2.

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

A.

Criteria.

1.

The lawful use of any building, structure, or land in accordance with the terms of the UDC regulations by which the use was established, or in the case of annexed property, in accordance with the regulations under which the use was created may be continued.

2.

Abatement of such use or structure within a given period of time may be required by the City, provided, however, the right to continue such nonconforming use or use of such structure shall be subject to regulations prohibiting nuisances and shall be terminated when such use or structure constitutes a nuisance.

3.

Such nonconforming use or structure shall be subject to such reasonable regulations as the Board of Adjustment (BOA) may be required to protect adjacent property.

4.

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use. Once such change is made, the use shall not thereafter be changed to a nonconforming use.

5.

No nonconforming use or structure shall be changed to another nonconforming use or structure except as permitted by the Board of Adjustment.

A.

Criteria.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

1.

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

2.

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure;

3.

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

B.

Use Expansion Outside of Structure.

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

C.

Use or Structure Expansion.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except:

1.

To provide additional off-street parking or loading areas required by this UDC.

2.

Enlargement of a building housing a nonconforming use, for the purpose of storage only, shall not be deemed the extension of a nonconforming use.

3.

Construction of a detached accessory building for the purpose of storage, on a lot occupied by a nonconforming use, shall not be deemed the extension of a nonconforming use.

A.

Moving a Nonconforming Structure.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated.

B.

Right to Repair Maintained.

Nothing in this UDC shall be construed to prohibit the normal maintenance or repair of any part of any buildings or structures declared unsafe by the City unless such repairs or maintenance exceeds fifty (50%) percent of the structure's appraised value, as determined by the applicable county appraisal district.

1.

Structural Alterations Allowed Only if Changed to Conforming Use: No structural alterations shall be made except those required by law or ordinance, unless the use within the building is changed to a conforming use, and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located.

C.

Substandard Nonconforming Structure.

The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance when the applicable ordinance exceeds fifty (50%) percent of the replacement cost of such structure on the date in which the City determines that such structure is substandard.

A.

Structure Totally Destroyed.

Damages from any cause exceeding fifty (50%) percent of the value of such structure at the time of damage shall necessitate the discontinuance of use of such structure and same shall not be restored or reconstructed except in conformity with the current provisions of this UDC applicable to such structure.

B.

Structure Partially Destroyed.

1.

Nonconforming structures damaged by the forces of nature such as severe weather events or earthquakes and unforeseen accidents such a structural fire may be restored to their former condition if such damages does not exceed fifty (50%) percent of the value of such structure at the time of damage.

2.

Such restoration or reconstruction shall be completed within twelve (12) months of a settled insurance claim. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the twelve (12) month reconstruction period may be extended by the City.

C.

Replacement Cost.

In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself including foundation.

A.

Changing to a Conforming Use.

1.

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

2.

A conforming use located in a nonconforming structure may be changed to another conforming use but shall not be changed to a nonconforming use.

A.

Considered Abandoned.

A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when:

1.

It has been replaced with a conforming use;

2.

Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period; or

3.

In the case of a temporary use, the use is moved from the premises for any length of time.

B.

Future Use after Abandonment.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Code, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.