Any lawful use of land or structure existing at the effective date of this chapter, and which by its terms has become a nonconforming use, is hereby declared not to be in violation at this chapter's effective date. Such a nonconforming use shall be subject to all of the provisions of this article pertaining to its continuance, change and discontinuance.

(Code 1972, § 20-532)

A nonconforming use may be extended throughout any part of a building clearly designed for such use but not so used at the effective date of this chapter. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building nor any additional building on the same plot, not used for such nonconforming use at the effective date of this chapter. The nonconforming use of land shall not be extended to any additional land not so used at the effective date of this chapter.

(Code 1972, § 20-533; Ord. No. 93-146, § 1, 9-21-93)

No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter. Provided, that repairs, maintenance and improvement may be carried out in any one year in an amount not to exceed twenty-five (25) per cent of the assessed value of the structure for that year, and provided that such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increase the number of dwelling units. Nothing in this article shall prevent compliance with applicable laws relative to the safety and sanitation of a building occupied by a nonconforming use.

(Code 1972, § 20-834)

If any nonconforming structure, or building in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that cost of rebuilding, repair and reconstruction will exceed fifty (50) per cent of the replacement cost of the building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(Code 1972, § 20-535)

(1)

In any residential district, any change of a nonconforming use in conforming building shall be to a conforming use.

(2)

In any residential district, a nonconforming use in a nonconforming building shall be changed only to a use permitted in the particular residential district involved, except as provided in this chapter.

(3)

There may be change of tenancy, ownership or management of a nonconforming use provided there is no change in the nature of the character of such nonconforming use except as may be permitted by this chapter.

(4)

In a non-residential district, a nonconforming use in a nonconforming structure may be replaced by a new or different use permissible in the same zoning district as the original nonconforming use or in a more restricted zoning district, if the city commission, after public hearing, finds that the new or different use will be less detrimental to the surrounding neighborhood than the old use, and approves the new or different use as being in accordance with the spirit and purpose of this chapter.

(5)

Any change of a nonconforming use of land, except as incidental to a change of a nonconforming use of a nonconforming structure permitted and approved in this chapter shall be to a conforming use.

(Code 1972, § 20-536; Ord. No. 93-146, § 1, 9-21-93)

(1)

If for any reason a nonconforming use of land ceases or is discontinued for a period of more than sixty (60) days, the land shall not thereafter be used for a nonconforming use, except for agricultural uses.

(2)

If for any reason the nonconforming use of a building or portion thereof ceases or is discontinued for a period of six (6) months or more, the building or that portion shall not thereafter be used for a nonconforming use.

(3)

Any part of a building, structure or land occupied by a nonconforming use, which use is abandoned, shall not again be occupied or used for a nonconforming use.

(4)

Any part of a building, structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.

(Code 1972, § 20-537)

Any legal nonconforming use or structure may be continued.

(Code 1972, § 20-538)

Nothing in this chapter shall be interpreted as authorization for, or approval of the continuation of the use of a structure or premises in violation of any law in effect at the effective date of this chapter.

(Code 1972, § 20-539)

The foregoing provisions of this article shall also apply to buildings, structures, land, premises or uses which hereafter become nonconforming due to a change or a reclassification of district or become nonconforming due to change in district regulations. Where a period of time is specified in this article for the removal or discontinuance of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change of regulations.

(Code 1972, § 20-540)

The foregoing provisions of this article are intended to apply only to nonconforming uses, and are not intended to apply to buildings and structures, and their plots existing at the effective date of this chapter which do not meet the regulations of this chapter for height, yards, plot size, plot area, coverage, separation or other similar dimensional requirements or limitations. Any additions, extensions or alterations to such existing buildings or structures shall comply with applicable provisions of this chapter.

(Code 1972, § 20-541)

The casual, temporary or illegal use of land or a building shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such a use.

Nonconforming buildings or structures and site improvements: Where a lawful building, structure or other site improvements exist at the effective date of this amendment to the zoning ordinance, which are not in conformance with the requirements of this chapter by reason of restrictions on area, lot coverage, height, yards, site design standards, density or other characteristics of the structure or location on the lot, such improvements may continue to exist so long as they remain otherwise lawful, subject to the following provisions:

(a)

No such structure or site improvements may be enlarged or altered in a way which increases its nonconformity and unless all specific nonconforming site improvements such as landscaping, curb cuts or other site design standards are made to comply with existing standards.

(b)

Should such structure be destroyed by any means to an extent of more than fifty (50) per cent of its replacement costs, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(c)

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.

(d)

A legal, nonconforming building or structure may be altered or expanded; however, any such alterations or expansions must comply with all regulations of this chapter.

(Code 1972, § 20-542)

The owner of an existing structure who is contemplating site improvements may request community enhancement approval in cases where it is impossible to meet current code requirements. Conditions may arise when normal compliance is impractical or impossible, or where maximum achievement of the city's objectives can only be obtained through the standards detailed in the community enhancement guidelines. The community enhancement guidelines are an administrative guide, maintained by the development services department, which establishes minimum standards. These standards may be utilized by owners of nonconforming sites to bring said sites as close as possible to meeting current zoning requirements. The standards contained in this guide are intended to foster site improvements that are economically viable and aesthetic in nature, while encouraging creative solutions to existing site development problems. A written request with a proposed site plan must be filed with the development services department.

The director of development services may grant approval of community enhancement only after the applicant shows that:

(1)

The strict application of Article IX "Nonconforming Uses and Structures" would prohibit site improvements to bring nonconforming sites as close as possible to meeting current zoning requirements;

(2)

The need for the proposed enhancement arises from some condition peculiar to the specific property involved (e.g. space limitations);

(3)

The proposed enhancement would improve the quality and/or safety of the property and not diminish the use nor value of the neighborhood;

(4)

The proposed enhancement meets the requirements of the Municipal Code [and the Land Development Code] as nearly as possible under the unique circumstances.

The development services department may condition the approval of community enhancement improvements upon any contingencies or commitments by the applicant which furthers the goals, objectives and policies of the comprehensive plan and land development regulations. The granting of this administrative relief will not necessarily nor automatically mean that a requirement is reduced without compensation. For example, granting a reduced setback may be compensated for by planting additional landscape material.

The use of community enhancement guidelines shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases.

In a situation where compliance with the community enhancement guidelines is not possible, and there is no feasible proposal for alternative compliance which is, in the judgement of the director of development services or designee, equal or better than normal compliance in meeting the intent of the Municipal Code [and the Land Development Code], then the applicant may apply for an appropriate variance in accordance with the provisions of Chapter 1 of the Land Development Code.

(Code 1972, § 20-543; Ord. No. 93-148, § 1, 10-19-93; Ord. No. 2023-101, § 187, 4-19-23)

This part is established to provide standards and procedures for the granting of administrative variances of development standards. Administrative variances are specifically intended to promote high standards of design, provide flexibility in the administration of standards in recognition of site specific conditions, and to establish conditions to ensure compatibility where standards are modified.

Administrative variances shall be limited to ten (10) per cent of the affected setback or substantially similar dimensional requirement, up to a maximum of one (1) foot. No administrative variance shall be granted unless the applicant clearly shows the existence of one of the following circumstances:

1.

Superior alternatives - where the development will provide an alternative which will achieve the purposes of the requirement through clearly superior design.

2.

Technical impracticality - where the strict application of the requirements would be technically impractical in terms of design or construction practices or existing site conditions. The degree of existing non-conforming conditions and the extent to which the proposed modification would lessen the nonconforming condition shall be specifically considered.

3.

Adjacent development conditions - where the proposed modification provides a superior alternative due to specific conditions on adjacent developments.

4.

Protection of natural features, including trees, wetlands, archeological sites and similar circumstances.

5.

Other technical, architectural or engineering reasons.

(Ord. No. 95-001, § 2, 2-7-95; Ord. No. 95-045, § 2, 10-2-95)

Application for an administrative variance may be reviewed at preliminary or final site plan review. Application shall be made to the development services department in conjunction with the site plan review application.

Upon acceptance of the application, the director of development services shall review it and render a decision approving, approving with conditions, or denying the request. An administrative variance statement shall be contained within the development review committee minutes of the meeting.

When the director of development services approves the administrative variance, the director may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of the land development regulations and the comprehensive plan. The conditions listed below are an illustrative guide and are not intended to be all inclusive:

a.

Limit the height, size, and/or location of a building or other structure.

b.

Designate the location of doors, windows and other penetrations into the structure.

c.

Designate the size, height, location or materials for a fence or wall.

d.

Protect existing natural features, including trees, bodies of water, wetlands, or other significant natural resources.

e.

Require berming, screening, landscaping or other similar means to buffer or protect nearby property and designate standards for installation or maintenance of same.

f.

Specify other conditions to permit development in conformity with the intent and purpose of the land development regulations and the comprehensive plan.

Nothing in this part shall supersede the planning and zoning board review process or deny access by the applicant to relief through the zoning variance review procedure. Whenever the applicant disagrees with the decision of the director of development services, or any of the conditions imposed as part of the terms under which the administrative variance is granted, the applicant may elect to appeal the decision to the planning and zoning board. Such appeal must be filed with the board within forty-five (45) days of the decision of the director of development services.

(Ord. No. 95-001, § 3, 2-7-95; Ord. No. 2015-106, § 9, 7-1-15; Ord. No. 2023-101, § 188, 4-19-23)