11.01.01 This Section establishes regulations for legally nonconforming lots, structures, and uses; and to specify the conditions under which such nonconformities can be continued, expanded, or modified; and under which they must be discontinued or made to conform.

11.01.02 It is consistent with the regulations of this Ordinance that nonconformities, which adversely affect orderly development and the value of nearby property, be controlled. Such controls consider the vested interests of the owners of nonconforming properties and the extent to which such properties have actual or potential adverse impacts upon the surrounding area.

For the purposes of this Article the following definitions shall apply:

11.02.01 Nonconforming Lot of Record. Any vacant lot legally established prior to the effective date of this Ordinance or subsequent amendment thereto, which does not fully comply with the dimensional regulations of the applicable district.

11.02.02 Nonconforming Developed Lot. Any lot containing a structure or activity legally established prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply with the lot width or area or other dimensional regulations of the applicable district.

11.02.03 Nonconforming Structure. Any structure, other than a sign, legally established prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply with the setback, height or other dimensional regulations of the applicable district.

11.02.04 Nonconforming Use. An activity using land or structures for purposes, which were legal prior to the effective date of this Ordinance or subsequent amendment thereto, but which does not fully comply with the use regulations of the applicable district.

11.02.05 Nonconformity, Minor. A nonconforming lot or building that is otherwise used for a conforming use.

The Zoning Official may permit any nonconforming lot of record to be developed for uses permitted in the applicable district provided the development meets all other applicable requirements. If such a development is unable to meet other requirements, a variance must be obtained from the Board in accordance with Section 12.05 Variances.

The following provisions apply to all nonconformities.

11.04.01 Except as otherwise provided in this Article, any nonconforming lot, structure or use lawfully existing on the effective date of this Ordinance, or subsequent amendment thereto, may be continued so long as it remains otherwise lawful.

11.04.02 Nonconforming status runs with the land.

11.04.03 Nothing in this Article may be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements, which do not increase in scope or scale of the nonconformity of the structure.

11.04.04 Nothing in this Article may be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition; provided that such restoration is not otherwise in violation of the provisions of this Ordinance.

11.04.05 No nonconformity may be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure will thereafter conform to the regulations of the applicable district.

11.04.06 Any other provision of this Article to the contrary notwithstanding, no use or structure which is accessory to a principal nonconforming use or structure may continue after such principal use or structure has ceased or terminated, unless it thereafter conforms to all the regulations of this Ordinance.

11.04.07 The burden of establishing the lawful nonconforming status of any structure or use is upon the owner of the nonconformity, not upon the City.

Minor nonconformities may be modified, enlarged, or expanded provided such change conforms to all other regulations in this Ordinance, unless the Board of Adjustment grants a variance from such regulations.

11.06.01 A nonconforming use may be changed to another nonconforming use provided the new use is of the same or lesser intensity as the original use.

11.06.02 A nonconforming use may not be enlarged within a structure, nor occupy a greater area of land, than it did at the effective date of this Ordinance or subsequent amendment thereto.

11.06.03 A structure containing a nonconforming use may not be moved to any portion of the lot other than that occupied at the effective date of this Ordinance or subsequent amendment thereto.

11.06.04 A nonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity.

11.06.05 A nonconforming use which changes to a use permitted in the applicable district may not thereafter revert to a nonconforming use.

11.06.06 If a nonconforming use is damaged in any manner to the extent that the restoration costs would exceed 60% of the value of that use immediately before such damage occurred, or is discontinued and remains vacant for one year or more, any subsequent use of the lot or structure must comply fully with the use regulations of the applicable district.

11.07.01 No privilege license shall be issued for the retail sale of alcoholic beverages where the entrance of the establishment for which such license applied for is less than 300 feet from the main entrance of a church's main sanctuary, public or private school building, YMCA building or public playground. Such distance from a private school building, YMCA building or public playground shall be set out and measured in a straight line. Such distance from a church shall be measured in a straight line from the current main entrance of the church's predominantly used sanctuary to the main entrance of the establishment seeking the license. This Ordinance shall only apply to churches currently in existence and to their current building configuration as of the date of the passage of this Ordinance.

(Ord. No. 01-07-25-B, § 1, 2-4-25)