(1)

Overview. The regulations of this article establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one (1) or more requirements of this Land Development Code. The regulations address the following types of nonconformities.

(A)

Nonconforming uses. Nonconforming uses are uses that were established in accordance with zoning regulations in effect at the time of their establishment, but which, because of amendments to the zoning regulations, no longer comply with the use regulations of the underlying zoning district A use that was legally established without a conditional use permit shall be deemed to have a conditional use permit and shall not be deemed nonconforming solely because a conditional use permit is now required for the use.

(B)

Nonconforming/Structures. Nonconforming structures are buildings or structures that were established in accordance with, all zoning regulations in effect at the time of their establishment, but which, because of amendments to the zoning regulations, no longer comply with the dimensional standards of the underlying zoning district.

(C)

Nonconforming lots. Nonconforming lots are lots that were legally created in accordance with zoning district minimum lot size and dimensional standards in effect at the time of their creation, but which, because of amendments to the zoning regulations, no longer comply with the minimum lot size (or other dimensional standards of the zoning district.

(2)

Policy. It is the general policy of the city to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Land Development Code to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with current Land Development Code as is reasonably practicable, all subject to the limitations of this article. The limitations of this article are intended to recognize the interests of the property owner in continuing the property but to control the expansion of the nonconformity, to control re-establishment of abandoned uses, and to limit re-establishment of buildings and structures that have been substantially destroyed.

(3)

Authority to continue. Nonconformities shall be allowed to continue in accordance with the regulations of this article.

(4)

Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists is the owner's burden, not the city's.

(5)

Repairs and maintenance. Repairs and normal maintenance required to keep nonconforming uses, structures and lots in a safe condition are permitted, provided that no alterations may be made except those allowed by this article or required by law or ordinance.

(6)

Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing nonconformity are permitted, provided that no changes in the nature or character, extent or intensity of such nonconformity may occur except those allowed by this article.

(7)

Floodplain compliance. The city shall regulate the repair, replacement, improvement, maintenance, restoration, rebuilding, or expansion of nonconformities in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and adhere fully to all applicable floodplain management ordinances without increasing flood damage potential or increasing the degree of obstruction to floodflows in the floodway.

(Ord. No. 4916, § I, 6-16-25)

Nonconforming uses shall be subject to the following standards.

(1)

Enlargement. No nonconforming use may be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied after adoption of this section, and no additional accessory use, building or structure may be established on the site of a nonconforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use.

(2)

Relocation. No nonconforming use may be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.

(3)

Discontinuance and abandonment. If a nonconforming use ceases for any reason for a period of more than eighteen (18) consecutive months (except where government action causes such cessation), the subsequent use of such parcel or lot must conform to the regulations and provisions set by this Land Development Code for the district in which such parcel or lot is located.

(4)

Damage or destruction. If a structure devoted in whole or in part to a nonconforming use is damaged or destroyed by any means, to the extent of more than fifty (50) percent of its structural value prior to the damage, that structure may not be restored unless the structure and the use thereafter complies with all regulations of the zoning district in which it is located. The determination of reduced structural valuation shall be made by the city. If the damage or destruction represents fifty (50) percent or less of the structure's value prior to the damage, repair and restoration is allowed, provided that a building permit must be obtained within twelve (12) months of the damage and restoration must begin within eighteen (18) months of the date of damage.

(A)

Notwithstanding the foregoing provisions of this section, if a structure devoted in whole or in part to a nonconforming use that is residential in nature is damaged or destroyed by any means, to the extent of more than fifty (50) percent of its structural value prior to the damage, that structure may be restored, repaired or rebuilt in its entirety if all of the following conditions are met:

1.

The building or structure will not occupy any portion of the lot that was not occupied by the destroyed structure;

2.

The building or structure will not have a greater floor area than the destroyed structure;

3.

The building or structure will not exceed the height or number of stories contained in the destroyed structure;

4.

The number of off-street parking spaces located on the property will not be reduced from the number available before the damage;

5.

Violate existing building and fire codes;

6.

Violate existing sanitary or health standards imposed by the local health district;

7.

Pose a risk to public health or safety;

8.

Encroach upon a public right-of-way;

9.

Encroach upon any neighboring property; or

10.

The building permit for the repair or restoration must be obtained within twelve (12) months of the damage and restoration must begin within eighteen (18) months) of the date of the damage.

(5)

Change in use. A nonconforming use may be changed to a new use, provided that the new use must be of the same general character or of a less intensive character (and thus more closely conforming) than the existing, nonconforming use. The determination of whether a proposed use is a conforming use or is less intensive shall be made by the planning director. A nonconforming use, if changed to a conforming use or less intensive nonconforming use, may not thereafter be changed back to a less conforming use.

(6)

Accessory uses. No use that is accessory to a principal nonconforming use may continue after the principal use ceases or terminates.

(Ord. No. 4916, § I, 6-16-25)

A lot shown on an approved and recorded subdivision plat on October 6, 1980, or a parcel shown on the assessor's records as a separate parcel on October 6, 1980, may be occupied and used although it may not conform in every respect with the lot size and width standards of this Land Development Code, subject to the provisions of this section.

(1)

Lot with building or structure. If the lot or parcel contains a building or structure on October 6, 1980 then the owner may continue the use of that building or structure and may expand the structure provided that the expansion is in compliance with all applicable Land Development Code standards. The determination of whether a proposed expansion is in compliance with all applicable Land Development Code standards shall be made by the planning director, or their designee. If the structure is removed or destroyed, any structure that is reconstructed must comply with all applicable land use and dimensional requirements.

(2)

Lot merger. If the lot or parcel is smaller than would otherwise be required by this Land Development Code and such lot or parcel is at any time on or after October 6, 1980, under common control with an adjacent lot or parcel, then the two (2) lots shall be considered merged for purposes of this Land Development Code and shall in the future be considered together for purposes of determining compliance with the Land Development Code. If the merged lots or parcels contain sufficient area for the actual or proposed use, then they shall be deemed fully conforming. If the merged lots or parcels together do not contain sufficient area for the actual or proposed use, they shall nonetheless be considered together for purposes of reducing the degree of nonconformity.

(Ord. No. 4916, § I, 6-16-25)

Nonconforming structures shall be subject to the following standards.

(1)

Enlargement and expansion. Any expansion of a nonconforming structure shall be prohibited unless such expansion is in compliance with all applicable Land Development Code standards. The determination of whether a proposed expansion is in compliance with all applicable Land Development Code standards shall be made by the planning director, or their designee.

(2)

Damage or destruction. In the event that any conforming use but nonconforming structure is damaged or destroyed, by any means, to the extent of more than fifty (50) percent of its structural value prior to such destruction, such structure may be restored, repaired, or rebuilt in its entirety if in conformance with all of the conditions stated below or of the zoning district in which it is located. When a structure is damaged to the extent of fifty (50) percent or less of its pre-destruction value, repairs or restoration may be made, provided that a building permit is obtained within twelve (12) months and restoration begins within eighteen (18) months after the date of destruction. The determination of reduced structural valuation shall be made by the city.

(A)

The building or structure will not occupy any portion of the lot that was not occupied by the destroyed structure.

(B)

The building or structure will not have a greater floor area than the destroyed structure.

(C)

The building or structure will not exceed the height or number of stories contained in the destroyed structure.

(D)

The number of off-street parking spaces located on the property will not be reduced from the number available before the damage.

(E)

Violate existing building and fire codes.

(F)

Violate existing sanitary or health standards imposed by the local health district.

(G)

Pose a risk to public health or safety.

(H)

Encroach upon a public right-of-way.

(I)

Encroach upon any neighboring property.

(J)

The building permit for the repair or restoration must be obtained within twelve (12) months of the damage and restoration must begin within eighteen (18) months of the date of the damage.

(3)

Relocation. Nonconforming structures may not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.

(Ord. No. 4916, § I, 6-16-25)

Mobile home parks existing on September 15, 1986 may continue in operation provided all the provisions regulating mobile home parks of the Grand Forks City Code are met, except the following modifications, which may be permitted:

(1)

Minimum distance between the mobile homes shall be not less than ten (10) feet, the point of measuring being a straight line between the closest points of the units being measured.

(2)

There shall be no minimum front yard setback between the mobile home units or hitch and any internal street.

(3)

There shall be two (2) parking spaces for each mobile home stand. These spaces may be located on the mobile home stand lot or no further than three hundred (300) feet from the unit or units for which they are designated or on the street if the street is of sufficient width to accommodate the minimum width of moving lanes, as well as the necessary parking.

(4)

Owners of nonconforming mobile home parks must submit a general development plan of the park to the building inspection department, which shall conform to all of the provisions set forth herein.

(5)

Any mobile home stand which shall become vacant shall not be reoccupied unless and until the provisions of all city ordinances are met.

(Ord. No. 4916, § I, 6-16-25)

No junkyard may continue as a nonconforming use for more than one (1) year after the effective date of this chapter except that a junkyard may continue as a nonconforming use in an industrial district if within that period it is completely enclosed with a building, fence, screen planting or other device of height so as to screen completely the operations of the junkyard. Plans of such a building or device shall be approved by the city planning and zoning commission and the city council before it is erected or put into place.

(Ord. No. 4916, § I, 6-16-25)

(1)

Signs which become nonconforming by reason of a future change of this chapter shall be discontinued within a reasonable period of amortization of the sign which shall be a period of not more than:

(A)

Off-premises advertising signs—Ten (10) years from the effective date of any change making the sign nonconforming.

(B)

Business signs—Ten (10) years from the effective date of this chapter.

(2)

Business signs on the premises of a nonconforming building or use may be continued but such signs shall not expand the number, area, height, or illumination. New signs not to exceed thirty-five (35) square feet in aggregate sign area may be erected only upon the complete removal of all other signs existing at the time of the adoption of this chapter.

(3)

Those off-premises advertising sign structures existing as of December 15, 2005, and as depicted in that map entitled "nonconforming off-premises advertising sign location map, December 19, 2005" shall be exempt from the provisions of subsection (1). A copy of the map shall be maintained on file in the city auditor's office and in the planning and zoning office. Said map is hereby incorporated herein by reference.

(4)

The sign structures identified in subsection (3) may, upon approval by the zoning administrator, be reconstructed at the existing location on a single pedestal pole to a maximum height as provided in this article. No off-premises advertising sign structure shall be allowed to become more nonconforming under this provision. Any owner of an off-premises advertising sign structure to be reconstructed under this provision shall submit an application to the city identifying the location of the advertising sign structure proposed to be reconstructed, the size of the off-premises advertising sign structure presently existing, the size of the off-premises advertising sign structure proposed, the height of the existing off-premises advertising sign structure, the height of the proposed off-premises advertising sign structure, and such drawings or diagrams showing the placement and design of the off-premises advertising sign structure, including the location with respect to other signs, structures, or buildings, as may reasonably be required by the zoning administrator. All such applications shall be subject to review and approval by the zoning administrator to determine that there will be no adverse impact on overhead utility lines, utility poles, traffic lights, pedestrian and vehicular sight lines, or other public service or public safety considerations.

(Ord. No. 4916, § I, 6-16-25)

When lot area, lot width, lot depth or yards are reduced or the percentage of impervious surface area increased as a result of conveyance to a federal, state or local government for a public purpose and the remaining area, length or percentage is at least seventy-five (75) percent of the required minimum standard for the district in which it is located, then such lot shall be deemed to be in compliance with the affected minimum lot area, lot width, lot depth, yards and/or impervious surface area standards of this chapter.

(Ord. No. 4916, § I, 6-16-25)

Any applicant may appeal a decision of the planning director on the interpretation of the requirements herein to the planning and zoning commission.

(1)

The appeal shall be filed in writing with the planning director within ten (10) days following the director's decision.

(2)

The planning director will notify all property owners within four hundred (400) feet of the subject property prior to the planning and zoning commission taking action on the appeal.

(3)

The planning and zoning commission shall consider, at a minimum, subsection (2) policy, prior to approving, approving with conditions, or denying the appeal.

(4)

The applicant of the subject property shall have the right to appeal the decision of the planning and zoning commission to the city council within ten (10) days of the commission's decision.

(Ord. No. 4916, § I, 6-16-25)