No lot existing on March 4, 2013, shall be diminished in width or size or shall any yard, open space, or frontage existing on March 4, 2013, be reduced except in conformity with this chapter. All new lots shall conform to the dimensional requirements of this chapter and have sufficient frontage for construction of proper vehicular access, but in no case shall frontage be less than fifty (50) feet.

(Ord. No. 181, § 2-2, 4-12-78; Ord. No. 447, 3-10-04; Ord. No. 531, § 1, 4-10-2013)

Where setback lines have been established at a different distance from the street line than the front yard required under this chapter, the greater distance shall apply. In no instance however, shall any building be constructed, remodeled, or moved so as to be nearer than thirty-five (35) feet to the centerline of any street upon which its lot may abut or front, or fifteen (15) feet from the right-of-way line, whichever is greater, except as permitted in the city center residential I, city center residential II, city center business II and mixed use zoning districts by this chapter 22.

(Ord. No. 181, § 2-3, 4-12-78; Ord. No. 531, § 1, 4-10-2013)

All lawful uses of buildings and lands existing on the effective date of the ordinance or subsequent amendments thereto that are made nonconforming by the requirements of this chapter or subsequent amendments may be continued indefinitely, structurally altered, changed and restored all subject to the following requirements.

(1)

Nonconforming use of land.

a.

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

b.

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 of adoption or amendment of this chapter.

c.

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(2)

Nonconforming use of structures.

a.

A nonconforming use may be extended only to those parts of a building which are manifestly arranged or designed for such use at the time of adoption or amendment of this chapter.

b.

Structures containing nonconforming uses in all districts other than the floodplain and floodway districts destroyed by fire or other natural causes may be restored and reconstructed within the same footprint provided construction commences within one (1) year of the date of destruction.

c.

Nothing in this chapter shall be deemed to prevent normal and ordinary maintenance and repairs from being performed on structures containing nonconforming uses. Any structure or part thereof containing a nonconforming use declared physically unsafe by any lawful authority must be restored to a safe condition.

(3)

General.

a.

Nonconforming use of land or structures may be changed to a conforming use. Such nonconforming use of land or structures may be enlarged or changed to another nonconforming use provided that the board of adjustment finds the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use and no more objectionable to the neighborhood. In permitting such a change, the board of adjustment may require appropriate conditions and safeguards.

b.

Any nonconforming use of land or structure, or structure and land in combination which has been changed to a conforming use shall thereafter conform to the regulations for the district, and shall not be changed back to a nonconforming use.

c.

Other than as permitted in subsection (2)(b), above, when a nonconforming use of a structure or land, or structure and land in combination is discontinued or abandoned for twelve (12) consecutive months, the structure or land or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

d.

Where nonconforming use status applies to a structure and land in combination, voluntary removal or destruction of the structure, other than to restore a physically unsafe structure to a safe condition, shall eliminate the nonconforming status of the land.

e.

The provisions of this section shall not apply to signs which are governed by section 22-596.

(Ord. No. 181, § 2-10, 4-12-78; Ord. No. 531, § 1, 4-10-2013)

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

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its noncompliance, but any structure or portion thereof may be altered to decrease its noncompliance.

(2)

Should such nonconforming structure existing in other than the floodplain and floodway districts be destroyed by any means, it may be restored and reconstructed in the same footprint provided construction commences within twelve (12) months of the date of destruction.

(3)

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

(4)

The provisions of this section shall not apply to signs which shall be subject to section 22-596.

(Ord. No. 181, § 2-11, 4-12-78; Ord. No. 531, § 1, 4-10-2013)