(A)   This purpose of this subchapter is to set forth standards and regulations regarding the continued existence of uses, structures, and lots established prior to the effective date of this chapter (or any amendment subsequent thereto) that do not conform to this chapter. These standards shall apply to all nonconforming uses, structures, and lots, as defined by this code.

(Ord. 301, passed 8-18-2022)

   (A)   Nonconforming lots, structures, or uses may continue to exist, be bought or sold, altered, restored, or extended only in accordance with the provisions of this code.

   (B)   Nothing in this code shall prevent the strengthening or restoring to a safe condition any portion of a nonconforming structure declared unsafe by a proper authority.

   (C)   Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this code.

   (D)   Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconformities existing therein.

   (E)   Nothing in this section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use.

(Ord. 301, passed 8-18-2022)

   (A)   These regulations shall apply to any use of a structure or lot in any zoning district that is a nonconforming use as defined by this code.

   (B)   Where, at the effective date of adoption or amendment of this code, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this code as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this code.

   (C)   Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use.

   (D)   No nonconforming use of a lot or nonconforming use of a structure shall be enlarged or increased or extended to occupy a greater area of the lot or structure than was occupied at the effective date of adoption or amendment of this code.

   (E)   Once a nonconforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.

   (F)   When a nonconforming use is discontinued for 12 months, abandonment is presumed and the nonconforming use shall not be allowed to be re-established. If the property has been abandoned, then any future use of the land, buildings, or structures shall conform and be in accordance with all applicable rules, regulations, and requirements of the particular zoning district wherein the property is located.

   (G)   Abandonment of a nonconforming use shall be presumed if one or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:

      (1)   Utilities, such as water, gas, and electricity to the property have been disconnected;

      (2)   The property, buildings, and grounds, have fallen into disrepair as evidenced by proper code violation documentation;

      (3)   When it has been replaced by a conforming use;

      (4)   When it has been changed to a use permitted by conditional use by the Board of Zoning Appeals; or

      (5)   The business license issued by the city has expired.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   (A)   A nonconforming structure containing a use permitted in the zoning district in which it is located may continue only in accordance with the provisions of this code.

   (B)   Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

   (C)   A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity except as permitted under § 152.044.

   (D)   Nonconforming structures and uses may enlarge principal structures by adding decks or porches provided that nonconformities are not increased.

   (E)   Any legal, pre-existing nonconforming structure damaged by fire, flood, explosion, or other disaster event may be reconstructed and used as before, so long as the structure is damaged no more than 50% of its appraised value exclusive of foundations, if such reconstruction is undertaken within 12 months of such disaster, and if the restored structure has no greater coverage and contains no greater content (measured in cubic feet) than before such disaster. An application to the Board of Zoning Appeals for permission to undertake to re-construct the structure must be filed prior to undertaking the repairs after the use has been destroyed or damaged, otherwise any structure shall conform to and be in accordance with all applicable rules, regulations, and requirements of the particular district as provided in this chapter.

   (F)   If any building occupied by a nonconforming use is damaged more than 50% of its reconstruction cost exclusive of foundations, such building may not be restored for any nonconforming use.

   (G)   The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   (A)   Nonconforming uses existing at the time this code was passed, or at the time a subsequent amendment creates the nonconforming use, may enlarge the building which housed the nonconforming use at the time this code was passed, or at the time a subsequent amendment creates the nonconforming use, and extend within such enlargement, provided that:

      (1)   The enlargement becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.

      (2)   The enlargement meets all requirements of this code, including but not limited to setback and yard requirements.

      (3)   The enlargement is for the purpose of expanding the area housing the use which existed at the time this code was passed, or at the time a subsequent amendment creates the nonconforming use.

      (4)   The enlargement and extension does not:

         (a)   Adversely affect the health, safety, and welfare of persons residing or working in the district;

         (b)   Cause a depreciation of the value of other property and uses permitted in the district;

         (c)   Significantly increase traffic congestion;

         (d)   Adversely affect the privacy of persons residing in the immediate vicinity;

         (e)   Increase the hazard in the area of fire, offensive noise, smoke, dust, debris, or other objectionable influences;

         (f)   Adversely affect any recreational, institutional, or other authorized use;

         (g)   Inhibit the desirability, feasibility, or likelihood of future residential or commercial development or expansion in the immediate vicinity; or

         (h)   Occur in a residential zoned district.

      (5)   The enlargement or expansion brings all off-street parking requirements into conformity.

      (6)   The Board of Zoning Appeals may impose such other reasonable restrictions upon the proposed expansion as deemed necessary to protect the health, safety, and welfare of persons residing within the vicinity of the nonconforming use.

   (B)   Enlargement or extension approval shall be void if construction work does not begin within one year from the date of approval, or if work is suspended or abandoned for a period of 90 days at any time after the work is commenced.

   (C)   All enlargement or extension of a nonconforming use must comply with the applicable floodplain management requirements.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999