Within the zoning districts established and amended by this Ordinance there exist certain lots, structures, and uses of land and structures, which were lawful prior to the effective date of the original Ordinance, but which are currently prohibited, regulated or restricted under the terms of this Ordinance and its subsequent past amendments. Such uses are declared to be nonconforming uses and are incompatible with permitted uses in the districts situated. It is therefore, the objective of this Ordinance to permit these nonconformities to continue until they are removed, or regulations are amended to make the uses, lots, or structures conforming so that they may be improved.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Purpose. Any legal lot or parcel of record or any lot or parcel in a final subdivision plat or map of this Ordinance which has an area, width, or depth smaller than the minimum prescribed by the zoning district in which the lot is located, and any plat or map so approved which is amended prior to the effective date of this Ordinance, or as amended, is classified as a non-conforming lot for purposes of this Ordinance.

1.

Yard Requirements in Effect. The yard requirements in effect for any legal lot or parcel of record or any lot or parcel in a final subdivision plat or map approved by the City Council prior to the adoption of this Ordinance are authorized for such lots or parcels in lieu of those prescribed by this Ordinance.

2

Single-Family Dwelling Erection Permitted. The single-family dwelling may be erected on a nonconforming lot or parcel as described above in districts permitting such uses, provided that:

a.

Such lot or parcel must be in separate ownership and not of continuous frontage with other lots or parcels in the same ownership.;

b.

Yard dimensions and other requirements not involving area or width, or both, conform to the regulations for the zoning district in which such lot or parcel is located;

c.

Variance of area, width, and yard requirements shall be obtained through documented administrative interpretation or action of the Board of Adjustment as provided in Article 3; and

d.

If two or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership are of record, and if all or part of the lots do not meet requirements for lot width and area established by this Ordinance, the lands involved shall be considered to be an undivided parcel, and no portion of said parcel shall be used nor sold which does not meet lot width and area requirements of this Ordinance, nor shall any division of the parcel be made which leaves remaining any lot or parcel having width or area which does not meet requirements of this Ordinance.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Purpose. Any structure, or portion thereof, lawfully existing on the effective date of this Ordinance, and subsequent amendments to this Ordinance, which was designed, erected or structurally altered for a use which does not conform to the regulation of the zoning district in which it is located; or which does not comply with all the height, setback and area regulations of the zoning district in which it is located, classified as a nonconforming structure for purposes of this Ordinance.

1.

Repair or Rebuilding of a Structure. Although the objective is the eventual elimination of dilapidated or collapsing nonconforming structures, the repairing or rebuilding of a nonconforming structure will be allowed on the footprint of the original structure, or expanding outside the limits of the footprint, as long as it meets the setback requirements of the zoning district, unless excepted within an overlay district.

2.

Unexpired Building Permits. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a valid, unexpired building permit has heretofore been issued, or obtained prior to the effective date of this Ordinance.

(Ord. 05-881, § 3, 2005(Ord. No. 23-1166, § 2, 7-12-2023))

A.

Purpose. Any use of land or a structure lawfully existing at the time of the enactment of this Ordinance, or subsequently adopted amendment, which does not conform to the regulations of the zoning district in which it is located, is classified as a nonconforming use of land or a structure of purposes of this Ordinance. Such nonconforming use may continue only in the manner and to the extent it existed at the time it became nonconforming.

1.

Expansion or Enlargement of Nonconforming Use. A nonconforming use may be expanded or enlarged to an extent not exceeding twenty-five percent (25%) of the land area and/or building ground floor area existing at the time it became nonconforming; every such expansion shall require the approval of the Board of Adjustment but in no case shall the total be greater than twenty-five percent (25%).

2.

Abandonment or Discontinuance of a Nonconforming Use. Whenever a nonconforming use is abandoned or has been discontinued for a period of one (1) year, such use shall not thereafter be reestablished, and any future uses shall be in conformity with the provisions of this Ordinance, and as amended thereafter. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A business license will serve as prima facie evidence of any operational use.

(Ord. No. 23-1166, § 2, 7-12-2023)