Within the districts established by this ordinance or amendments that may later be adopted there may exist:

1.

Lots;

2.

Uses of land;

3.

Structures;

which lawfully existed before this ordinance was passed or amended but which would be prohibited, regulated or restricted under the terms of this ordinance.

It is the intent of this ordinance to permit these nonconformities to continue in their present condition in accordance with subsection 14-11.3 but not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. There are three (3) types of nonconforming status, as follows:

14-11.1. Nonconforming Lots of Record.

In any district in which single-family dwellings are permitted, notwithstanding district dimensional requirements, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as defined herein which existed at the effective date of adoption or amendment of this ordinance. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to all other regulations for the district in which such lot is located.

14-11.2. Nonconforming Uses of Land and Uses of Structures.

Where at the effective date of adoption or amendment of this ordinance, a lawful use of land or use of structure exists which would not be permitted under the regulations imposed by this ordinance, the use may be continued provided:

1.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land or structure than was occupied at the effective date of adoption or amendment of this ordinance; provided however, nonconforming single-family residential uses and structures on properties, which are designated a High Intensity Future Land Use Classification on the City's Future Land Use Map, shall be permitted to expand within and up to the existing building footprint of the existing structure but in no case shall expansion extend beyond the existing building height of the highest part of the roof structure.

2.

No other 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 ordinance;

3.

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

14-11.3. Nonconforming Structures.

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, 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 nonconformity but any structure or portion thereof may be altered to decrease its nonconformity; provided however, nonconforming single-family residential uses and structures on properties, which are designated a High Intensity Future Land Use Classification on the City's Future Land Use Map, shall be permitted to expand within and up to the existing building footprint of the existing structure but in no case shall expansion extend beyond the existing building height of the highest part of the roof structure.

2.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of its fair market value at the time of destruction, at the expense of the owner it shall not be reconstructed, except in conformity with the provisions of this ordinance. This provision shall not apply to structures that have become nonconforming as a result of the maximum building height Ordinance No. 98-22.

3.

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

14-11.4. Exemption of Public Projects.

Provided that a nonconformity is not increased, any impact or change made to a lawfully existing nonconforming development, due to a city-wide public project under the City's Capital Improvements Plan, is exempt from the nonconforming provisions in this ordinance. Nothing herein shall exempt or is intended to exempt said development, including, but not limited to, uses, structures and signs, from the requirements of sections 6-4 through 6-7 and section 14-13 of the Land Development Code, as amended.

(Ord. No. 98-24, § 1, 8-5-98; Ord. No. 2007-13, § 1, 8-8-07; Ord. No. 2020-12, § 1, 10-13-20)

On any nonconforming structure or portion of a structure containing a nonconforming use, repairs and modernization are permitted provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order to such official.

If a nonconforming use of land or use of structure has been abandoned for a period of six (6) consecutive months, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this ordinance.

Any use which is permitted as a special exception in a district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall without further construction be considered a conforming use.