Within the zoning districts established by this article there may exist lots, structures, and uses of both land and structures which were lawful before the ordinance from which this section is derived was adopted or subsequently amended, but which would be prohibited, regulated, or restricted under the terms of this article as adopted or subsequently amended. It is the intent of this article to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this article that nonconformities shall not be enlarged upon, extended or expanded, nor be used as grounds for adding other structures or uses prohibited in the same district.

Nonconforming lots, uses, and structures may continue in their nonconforming status with the following limitations and/or requirements:

(1)

Nonconforming lot. A single, lawful lot-of-record which does not meet the requirements of this article for area or dimensions, or both, may be used for the buildings and accessory buildings necessary to carry out permitted uses subject to the following provisions:

a.

Parking space requirements as provided for in article IX are met; and

b.

Such lot does not adjoin another vacant lot(s) or portion of a lot in the same ownership.

c.

If two or more adjoining lots or portions of lots in single ownership do not meet the requirements established for lot width, frontage or area, the property involved shall be treated as one lot, and no portion of said lot shall be used or sold in a manner which diminishes compliance with this article.

d.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this article is derived, notwithstanding limitations imposed by other provisions of this chapter only so long as it is used for a single-family residence. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails 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 the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through the action of the planning and zoning commission.

(2)

Nonconforming uses of land. When a use of land is nonconforming pursuant to the provisions of this article, such use may continue as long as it remains otherwise lawful and complies with the following provisions:

a.

No nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than that which was occupied at the time the use became nonconforming;

b.

No nonconforming use shall be moved in whole or in part to any other portion of the lot not occupied by such use at the time the use became nonconforming; and

c.

If any nonconforming use of land ceases for a period of six months or more, any subsequent use of such land shall comply with this article.

(3)

Nonconforming use of structures. If a lawful use of structure, or of a structure and lot in combination, exists at the effective date of adoption of the ordinance from which this section is derived or its subsequent amendment that would not be allowed under provisions of this article as adopted or amended, to avoid undue hardship, the lawful but nonconforming use may be continued so long as it complies with other regulations, subject to the following conditions:

a.

Such nonconforming use:

1.

Shall not be changed to another nonconforming use.

2.

Shall not be reestablished after its removal from the property or its discontinuance for one year or more, or unless the premises are under a continuing lease but are unoccupied by the nonconforming use, regardless of the intent of the owner or occupier to resume the nonconforming use.

3.

Shall not be extended to occupy a greater area of land.

4.

Shall not be extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of the ordinance from which this section is derived and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

b.

If an existing use was lawfully established in a zoning district that is subsequently amended to require a use permit approval for such use, pursuant to article IV administrative permits and use permits, the existing use shall not be subject to the provisions of this subsection.

c.

Any intended but not yet existing nonconforming use for which a vested right was acquired prior to the adoption of the ordinance from which this section is derived or the adoption of an amendment to it shall be prohibited unless such intended nonconforming use for which a vested right was acquired is actually commenced within one-year of the adoption of the ordinance from which this section is derived or the adoption of an amendment to it, regardless of the intent or expectation to commence or abandon such nonconforming use.

(4)

Nonconforming structures. When a lawful structure exists on the effective date of adoption or amendment of the ordinance from which this section is derived or its amendments that could not be built under the terms of this article because of restrictions on building area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may continue and remain as long as it complies with all other zoning regulations, subject to the following conditions:

a.

No structure may be enlarged or altered in a way which increases its nonconformity; but any structure or portion may be altered to decrease its nonconformity.

b.

Any structure which is moved, for any reason and for any distance whatever, shall conform to the regulations for the district in which it is located.

c.

Destruction by any means of more than 50 percent of the appraised valuation of the structure shall require that the structure be reconstructed in conformity with the provisions of this article. The "appraised valuation" is the value of the structure prior to such destruction or damage having occurred and shall be the appraised value established by the county tax assessor. The city administrator or the designee may approve requests for alterations, including enlargements and expansions, if the proposed alteration or expansion decreases the extent of nonconformity.

d.

Destruction by any means of 50 percent or less of the appraised valuation of the structure shall not require that the structure be reconstructed in conformity with the provisions of this article. However, if a building permit to reconstruct the structure is not obtained with 12 months from its destruction, the structure shall be reconstructed in conformity with the provisions of this article.

e.

Accessory structures. Nonconforming, accessory structures shall be subject to the same provisions as govern the primary structure to which they are an accessory.

f.

Telecommunications facilities.

1.

All telecommunication facilities existing on the effective date of the ordinance from which this section is derived shall be allowed to continue to be used as they presently exist.

2.

Routine maintenance (including modifications to accommodate the co-location of an additional user or users) shall be permitted on existing telecommunication facilities.

3.

Replacement of antennas on a structure with different antennas shall be considered routine maintenance so long as the replacement antenna(s) does not increase the height of any existing structure.

(5)

Rezoning which results in nonconforming structures. When a property containing lawful structures is rezoned, the following shall apply:

a.

The approval of the rezoning by the city council shall automatically adjust minimum/maximum yards to the extent necessary for existing structures to comply.

b.

All new construction, expansions, or additions shall comply with the minimum yard requirements of the new district.

c.

Buffers and landscape areas shall be established by conditions of zoning which shall have precedence over the district standards contained in chapter 74.

d.

Destruction or removal of buildings which preexisted rezoning shall reinstate the development standards of the then applicable district provisions of this section.

(6)

Exemptions due to state or city action. Whenever a lot becomes nonconforming as a result of land acquisition by the city or state, building permits shall be granted for new construction provided the proposed structure complies with all but lot area requirements, and setback requirements shall be reduced without requirement for a variance to the extent of the width of the acquired property. Whenever a structure becomes nonconforming as a result of city or state action other than an amendment to this article, the use of the structure may continue and the structure may be replaced as though no nonconformity exists if, subsequent to such action, the structure is destroyed.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. No. 2024-07, § 1(Exh. A), 1-22-2024)