This chapter is established in recognition of the existence of uses, structures, site improvements, and lots which were lawfully established but which do not currently comply with the provisions of this ordinance or subsequent amendment of this ordinance. It is further established to specify the requirements, circumstances, and conditions under which nonconforming buildings, structures, site improvements, and uses will be operated, repaired, replaced, restored, improved and maintained and to encourage actions that bring nonconforming uses into conformance with the city code.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2009-03, § 1, 2-24-09)

(A)

In general. Legal nonconforming situations shall be allowed to continue as long as they remain otherwise lawful, subject to the provisions of this chapter. Nonconforming situations that were not lawfully in existence on the effective date of this ordinance shall be prohibited.

(B)

Change of tenant or ownership. A change of tenancy, ownership, or management of any nonconforming situation shall be allowed, provided there is no change in the nature or character of such nonconforming situation, except as otherwise provided by this chapter.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2009-03, § 1, 2-24-09)

(1)

A nonconforming principal use shall not be expanded to occupy a greater area of land or by intensifying the use, with the following exceptions:

(a)

A single-family dwelling that is a nonconforming use may be enlarged by up to twenty-five (25) percent of the bulk of the building, as it was established when it became nonconforming within the required building setback lines and other dimensional standards for the R-1 and R-2 districts.

(b)

An accessory structure that is incidental to a nonconforming residential use may be enlarged by up to twenty-five (25) percent of the bulk of the building, as it was established when it became nonconforming within the required building setback lines and other dimensional standards for the R-1 and R-2 districts.

(c)

Structural alterations may be made to a building containing two (2) or more lawful nonconforming residential units provided that alterations will improve the livability of the building without increasing the number of units or the exterior size of the structure.

(2)

When a nonconforming principal use has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(3)

Repair, replacement, restoration, maintenance and improvement of a structure containing or related to a nonconforming use are permitted, except as provided in subsection (5) below.

(4)

Whenever a nonconforming principal use of a structure or land is discontinued for a period of more than one (1) year, any future use of the structure or land shall be in conformance with the city code.

(5)

If a structure containing a nonconforming principal use is destroyed by fire or other peril, to the extent of greater than fifty (50) percent of its market value, as determined by the Rice County Assessor and the building official, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged, the use shall not be resumed except in conformance with the city code.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2009-03, § 1, 2-24-09)

(1)

A principal or accessory building or structure which is nonconforming due to dimensions or setbacks from property lines may be expanded in compliance with the following:

(a)

The addition or alteration does not increase the degree of nonconformity or further infringe upon established setbacks or building restrictions.

(2)

Repair, replacement, restoration, maintenance and improvement are permitted, except as provided in subsection (3) below.

(3)

A nonconforming building or structure which is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the Rice County Assessor and building official and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged, shall not be restored except in conformance with the city code.

(4)

If a nonconforming structure is moved for any reason, it shall thereafter conform to the regulations for the district in which it is located.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2009-03, § 1, 2-24-09)

Editor's note— Ord. No. 2009-03, § 1, adopted February 24, 2009, repealed § 3-50, which pertained to repair, maintenance, and restoration and derived from Ord. No. 99-20, adopted November 23, 1999.

Editor's note— Ord. No. 2009-03, § 1, adopted February 24, 2009, repealed § 3-60, which pertained to nonconforming lots and derived from Ord. No. 99-20, adopted November 23, 1999.