Situations may occur where an existing lot, structure, or use does not conform to the requirements contained in this chapter. The purpose of this chapter is to establish regulations governing nonconforming lots, structures, and uses and, further, to:

(1)

Allow nonconforming lots to be used for single-family dwellings and accessory structures.

(2)

To permit nonconformities to continue until removed or corrected but not to encourage the continuance of the nonconformity.

(Code 1984, § 13.401; Ord. No. 5-08)

A nonconforming use of land or structure which lawfully existed prior to the adoption or amendment of the ordinance from which this chapter is derived that makes such use illegal may be continued subject to the following provisions:

(1)

Change in tenancy, ownership, or management. The tenancy, ownership or management of a nonconforming use may be changed, provided that the nonconforming use is not enlarged or changed to a more intensive use.

(2)

Change or substitution of use. A nonconforming use may be changed to a conforming use or the Plan Commission may permit a nonconforming use to be changed to a less intensive nonconforming use. Once the change has been effected, the use shall not revert back to the prior nonconforming use.

(3)

Enlargement. A nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land or structure than was occupied as of the effective date of the ordinance from which this chapter is derived.

(4)

Relocation. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or structure than was occupied as of the effective date of the ordinance from which this chapter is derived.

(5)

Discontinuance. A nonconforming use which has been discontinued for a period of 12 months shall not be reestablished, and any future use of the land or primary structure shall conform to the provisions of this chapter.

(6)

Damage or destruction. A primary structure containing a nonconforming use which is damaged by fire, explosion, flood, accident, or other causes to the extent of more than 50 percent of its equalized assessed value shall not be restored or rebuilt except in conformance with the provisions of this chapter. Legal conforming accessory structures may be restored or rebuilt provided the primary structure containing a nonconforming use is not damage or destroyed as described above and provided the accessory structure meets all aspects of the Municipal Code.

(7)

Repairs and nonstructural alterations. Ordinary repairs and nonstructural alterations may be made to structures containing nonconforming uses. Ordinary repairs and nonstructural alterations include internal and external painting; decorating; paneling; the repair or replacement of doors, windows, nonbearing walls, fixtures, heating and cooling components, wiring, plumbing, roofing and other nonstructural components; and the maintenance, repair, or replacement of existing private sewage and water supply systems or connections to public utilities to a value of which does not exceed 50 percent of the equalized assessed value of the building or structure at the time the first permit is issued. Subsequent permits shall draw down from the 50 percent value established at the time the first permit was issued. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of or substitutions for machinery or equipment not involving structural alterations to the building or structure.

(8)

Structural alterations and additions. When a building or structure contains a nonconforming use, structural alterations and additions are only permitted when the use of the entire building or structure is changed to a use which conforms to all the regulations of the zoning district in which it is located.

(9)

Establishment of nonconforming status. The burden of proof that a legally permitted nonconforming use existed at the time of the adoption of the ordinance from which this chapter is derived shall be the responsibility of the property owner.

(Code 1984, § 13.402)

Nonconforming structures are existing buildings and structures that were lawfully constructed but do not meet the current setback, height, or other dimensional or density requirements of this chapter for permitted uses in the zoning district in which they are located. A nonconforming structure may be maintained and repaired, subject to the provisions of this section.

(1)

Repairs and nonstructural alterations. Ordinary repairs and nonstructural alterations may be made to nonconforming structures. Ordinary repairs and nonstructural alterations include internal and external painting; decorating; paneling; the repair or replacement of doors, windows, nonbearing walls, fixtures, heating and cooling components, wiring, plumbing, roofing and other nonstructural components; and the maintenance, repair, or replacement of existing private sewage and water supply systems or connections to public utilities. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of or substitutions for machinery or equipment not involving structural alterations to the building or structure.

(2)

Structural alterations. Structural alterations made to existing nonconforming structures are permitted provided that the value of such alteration does not exceed 50 percent of the equalized assessed value of the building or structure at the time the first permit was issued. Subsequent permits shall draw down from the 50 percent value established at the time the first permit was issued.

(3)

Additions or expansion. Additions or expansions may be made to a nonconforming structure provided that such additions or expansions do not increase the degree of nonconformity of the structure and are in compliance with the following requirements:

a.

All applicable setback requirements of this chapter shall be met.

b.

All applicable parking and loading requirements for the use occupying the structure's addition or expansion shall be met.

c.

The process of adding onto an existing nonconforming structure shall not be used to effectuate replacement of that structure where replacement would not otherwise be allowed under the provisions of this chapter.

d.

An addition may be made to a nonconforming structure only if the existing structure is in sound condition.

e.

The addition or multiple additions shall not surround or encase the existing structure in such a way as to replace that structure.

(4)

Relocation. A nonconforming structure may be moved in whole or in part to any other location on the same or any other lot, so long as the structure comes into compliance with all of the regulations of the district in which it is to be relocated.

(5)

Damage or destruction. A nonconforming structure which is damaged on or after March 2, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation may be restored or rebuilt to its size, location, and use that it had immediately before the damage or destruction occurred, except that it may be constructed larger in size to the extent required to comply with applicable state or federal requirements. Such reconstruction shall start within one year from the date of damage or destruction and diligently pursued to completion.

(Code 1984, § 13.403; Ord. No. 30-08)

A lot which does not comply with lot width or lot area requirements may nonetheless be used for a permitted use, provided that:

(1)

The lot has been legally created.

(2)

The nonconforming (substandard) lot has not been developed with one or more of its structures placed partly on an adjacent lot.

(3)

All structures comply with the setback, lot coverage, height, parking, access, and other requirements of the district insofar as practical, subject to the approval of the Zoning Administrator or, if appealed, the Zoning Board of Appeals.

(Code 1984, § 13.404; Ord. No. 10-18, § 3, 6-19-2018)

If a use, whether permitted, conditional, or nonconforming, has nonconforming characteristics, including parking, lighting, noise, and other matters, the use shall not be expanded until the nonconforming characteristics are brought into conformance with the provisions of this chapter.

(Code 1984, § 13.405)

See Article XIII of this chapter.

(Code 1984, § 13.406)

Nonconforming parking lots are parking areas that were lawfully constructed but do not meet the current dimensional and/or interior lot landscaping requirements of this chapter for primary or accessory uses in the zoning district in which they are located. A nonconforming parking lot may be maintained and repaired subject to the provisions of this section.

(1)

Maintenance and repair. Ordinary maintenance and repair may be made to nonconforming parking lots including patching and resurfacing.

(2)

Rehabilitation, reconstruction, or expansions shall not be made to existing nonconforming parking lots without prior approval compliant with this Code, except those listed Section 44-1865(4).

(Code 1984, § 13.407; Ord. No. 42-10)