Within the districts established by this chapter or amendments thereto which may later be adopted, there may exist (a) land parcels, (b) structures, (c) uses, and/or (d) characteristics of uses which were lawful before this chapter was enacted or amended, but which would be prohibited, regulated, or restricted by this chapter as enacted or amended. It is the intent of this chapter to permit any such nonconformities to continue until they are voluntarily removed or removed as required by this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, intensified, extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 85-8, § 2, 5-21-85)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six (6) months of the date of such permit.

(Ord. No. 85-8, § 2, 5-21-85)

Notwithstanding requirements imposed by other provisions of this chapter, a lot of record existing as of the effective date of enactment or relevant amendment of this chapter and not meeting the applicable area and/or width requirement(s) may be used for the erection, placement, expansion, or alteration of a single-family dwelling, together with customary accessory structures and/or uses, without request for variance, subject to the following provisions:

(1)

Said lot shall be within a zoning district in which the applicable dwelling is a permitted use;

(2)

Usage of said lot shall be subject to all applicable yard, height, and other requirements set forth within this chapter;

(3)

Variance from applicable yard, height, and other requirements set forth within this chapter as pertaining to said lot shall be obtainable only through the action of the planning and zoning board of appeals.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-13, § 1, 8-16-05)

A nonconforming use shall not be enlarged upon, extended, intensified, expanded, or moved so as to utilize any other portion of the lot or parcel it occupies; nor shall any nonconforming characteristic of use be changed so as to increase the degree of nonconformity with the applicable requirement(s) of this chapter.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-13, § 3, 8-16-05)

Editor's note— Ord. No. 2005-13, §§ 2 and 3, adopted August 16, 2005, amended the Code by repealing former § 22-9.04, and renumbering §§ 22-9.05—22-9.12 as §§ 22-9.04—22-9.11. Former § 22-9.04 pertained to nonconforming adjoining lots of record within the same ownership, and derived from Ord. No. 85-8, adopted May 21, 1985.

(a)

A building or structure constructed in a nonconforming manner or devoted to a nonconforming use shall not be altered in any manner, except as provided in this section. Maintenance of such buildings or structures shall be allowed; provided however, such maintenance shall be limited to those repairs reasonably required to maintain any such building or structure in a usable condition or to conform with the applicable codes of the city. If the nonconformity on the property relates solely to violation of existing setback restrictions provided in this chapter, expansion or alteration of a building or structure may be permitted so long as the existing setback nonconformity is not increased in any manner.

(b)

Notwithstanding the restrictions on variances set forth in section 22-2.02 of this chapter, the board of adjustment is authorized to grant variances from the provisions of subsection (a) of this section, in accordance with the provisions of Article XI of this chapter.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 93-5, § 1, 6-15-93; Ord. No. 2003-08, § 7, 4-1-03; Ord. No. 2005-13, § 3, 8-16-05)

Note— See editor's note, § 22-9.04.

Whenever a nonconforming use of land or a nonconforming use of a building or structure ceases for any reason (except where governmental action impedes access to the premises) for a period of twelve (12) months or more, said nonconforming use shall not thereafter be reestablished and the subsequent use shall conform to the requirements of this chapter. However, if prior to the expiration of the twelve-month period, proper application is made to the board of adjustment for change to another nonconforming use of the same character, or to a more restricted but nonconforming use, a change to another nonconforming use may be permitted, subject to the following provisions:

(1)

Following a public hearing, the board of adjustment shall find that the proposed use is equally or more appropriate to the district than the existing or discontinued nonconforming use and that any adverse effects upon neighboring properties and residents will not be greater than those created by the existing or discontinued nonconforming use; and

(2)

In approving any said change, the board of adjustment shall be authorized to impose appropriate conditions and safeguards in accordance with the intent and purpose of this chapter.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-12, § 1, 8-16-05; Ord. No. 2005-13, § 3, 8-16-05; Ord. No. 2007-03, § 8, 4-3-07)

Note— See editor's note, § 22-9.04.

When any building(s) or structure(s) having nonconforming status or containing a nonconforming use is removed from the premises or is destroyed to an extent equal to or exceeding fifty (50) percent of its assessed value, the nonconforming status applying to said building(s), structure(s), and/or premises shall cease, and both the use of the premises and any building(s) or structures erected or maintained thereto shall conform in all respects to the regulations and requirements of this chapter. Provided, however, that any legally permitted dwelling unit existing as of May 21, 1985, which is destroyed by fire, natural disaster or other calamity to an extent equal to or exceeding fifty (50) percent of its assessed value, may be rebuilt to contain as many dwelling unit(s) as existed prior to said destruction, but will otherwise be required to meet all construction code provisions then in effect.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 85-11, § 1, 8-6-85; Ord. No. 2005-13, § 3, 8-16-05)

Note— See editor's note, § 22-9.04.

There may be a change in ownership, tenancy, or management of land, buildings, or structures involving nonconformities, provided that all provisions and requirements of this article shall apply fully without respect to any change of ownership, tenancy, or management.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-13, § 3, 8-16-05)

Note— See editor's note, § 22-9.04.

The temporary or illegal use of land or buildings or structures shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-13, § 3, 8-16-05)

Note— See editor's note, § 22-9.04.

The existence of a nonconforming land parcel, building, structure, use, or characteristic of use shall not constitute grounds for the obtainment of a variance to establish additional nonconformities, either within the same zoning district or within a zoning district applying elsewhere in the city.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-13, § 3, 8-16-05)

Note— See editor's note, § 22-9.04.

The existence of a nonconforming building or structure upon a zoning lot shall not prohibit the erection, enlargement, or maintenance of another building or structure upon said lot, provided that no additional nonconformity of any type will be created as a result of such erection, enlargement, or maintenance. No appeal for variance or no special approval other than may be normally applicable shall be required with respect to said conforming building or structure.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 2005-13, § 3, 8-16-05)

Note— See editor's note, § 22-9.04.