(A)

Intent of regulations.

(1)

Existence of nonconforming uses and structures. Within the districts established by this ordinance or amendments that may later be adopted, there exist structures, uses of land and structures, and characteristics of use which were lawful before the effective date of this ordinance or of amendment thereof, but which would be prohibited, regulated or restricted under the terms of this ordinance or of future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged by attachment on a building or premises or additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would be prohibited generally in the district involved.

As used in this section, amendment shall mean and shall be limited to an amendment by which the use of land, or structures, or of structures and premises in combination, became nonconforming or were otherwise affected.

(2)

Construction begun prior to ordinance. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this ordinance or of amendment thereto and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(B)

Nonconforming uses of land (or with minor structures only).

(1)

Continuance. Where a lawful use of land exists on the effective date of this ordinance or of amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful.

(2)

Enlargement. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this ordinance or of amendment thereto. No additional structure not conforming to the equirements of this ordinance shall be erected in connection with such nonconforming use of land.

(3)

Extension or movement. No such nonconforming use shall be extended or moved to any portion of the premises or parcel of land other than that occupied by such use on the effective date of this ordinance or of amendment thereto.

(4)

Change in use. No such nonconforming use of land shall be changed to any other nonconforming use.

(5)

Cessation. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(C)

Nonconforming structures.

(1)

Continuance. Where a lawful structure exists on the effective date of this ordinance or of amendment thereto and which structure could not be built under the terms of this ordinance or amendment thereto by reason of restrictions on building site area, coverage, height, yards, location on the building site, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful.

(2)

Enlargement.

(a)

Commercial use structures. An existing nonconforming structure of commercial use may be enlarged provided however, that the property on which the structural enlargement is to be placed is a part of or contiguous to the existing nonconforming structure and further provided that the subject property on which the nonconforming structural extension is to be placed is owned by the owner of the nonconforming commercial structure at the date of the adoption of this ordinance.

(b)

Residential use structures. Notwithstanding any provision of section VII to the contrary, an existing nonconforming residential structure may be enlarged or expanded, provided, however, that the property on which the structural enlargement is to be placed is a part of or contiguous to the existing nonconforming residential structure, and provided that the enlargement or expansion is not more non-conforming than the existing non-conforming structure.

(3)

Replacement.

(a)

Commercial use structures. Should such nonconforming structure of commercial use be destroyed or damaged by an act of God, including tornado, hurricane, flood, wind earthquake, etc., or accident or casualty, including fire or explosion not caused purposefully by the owner or tenant, the structure may be replaced or repaired. However, such replacement or repair shall be subject to the following provision: Application for a building permit must be made to the building official within one year of the time that the structure was destroyed. However, in cases of hardship the mayor and city council shall at their sole discretion have the authority to extend said one-year limitation for additional periods of time up to six (6) months each upon application of the owner or leaseholder prior to the expiration of the allowable nonconformity.

(b)

Residential use structures. Notwithstanding any provision of section VII to the contrary, should such nonconforming residential structure be destroyed or damaged by an act of God, including tornado, hurricane, flood, wind, earthquake, etc., or accident or casualty, including fire or explosion not caused purposefully by the owner or tenant, the structure may be replaced or repaired, and may be enlarged and expanded according to paragraph (2) above. However, such replacement or repair under these circumstances shall be subject to the following provision: Application for a residential building permit must be made to the building official within two (2) years of the time that the structure was destroyed. However, in cases of hardship the mayor and city council shall at their sole discretion have the authority to extend said two-year limitation for additional periods of time up to six (6) months each upon application of the owner or leaseholder prior to the expiration of the allowable nonconformity.

(D)

Nonconforming uses of structures (or structures and premises).

(1)

Continuance. Where a lawful use of a structure, or of structures and premises in combination, exists on the effective date of this ordinance or of amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such structures have a replacement cost of one thousand dollars ($1,000.00) or more, the use may be continued so long as it remains otherwise lawful.

(2)

Enlargement. An existing structure devoted to a use not permitted by this ordinance or by amendment thereto in the district in which it is located may be enlarged provided, however, that the property on which the structural enlargement is to be placed in a part of or contiguous to the existing nonconforming structure and further provided that the subject property on which the nonconforming structural extension is to be placed is owned by the owner of the nonconforming structure at the date of the adoption of this ordinance.

(3)

Extension. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such nonconforming use, but no such use shall be extended to occupy any land outside such structure, except as provided in item (2) above.

(4)

Change in use. If no structural alterations are made, any nonconforming use of a structure, or of structures and premises in combination, may as a special exception be changed to another nonconforming use provided that the board of adjustment, by findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the provisions of this ordinance. In any structure, or structure and premises in combination, where a nonconforming use is superseded by a permitted use, the nonconforming use may not thereafter be resumed.

(5)

Cessation. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. However, in cases of hardship the mayor and board of commissioners shall at its discretion have the authority to extend said one-year limitations for additional periods of time upon application of the owner or leaseholders.

(6)

Replacement. Should such nonconforming structures and premises in combination be destroyed or damaged by an act of God, including tornado, hurricane, flood, wind, earthquake, etc., or accident not caused purposefully by the owner or tenant, the structure may be replaced or required. However, such replacement or repair shall be subject to the following provision: Application for a building permit must be made to the building official within one year of the time that the structure was destroyed. However, in cases of hardship the mayor and board of commissioners shall at its discretion have the authority to extend said one-year limitations for additional periods of time upon application of the owner or leaseholder.

(E)

Repairs and maintenance.

(1)

Ordinary maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any twelve (12) consecutive months on ordinary repairs, or on repair and replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not to exceed ten (10) percent of the current replacement cost of the nonconforming structure or the portion of the structure, as the case may be, provided that the cubic content existing when the structure or portion thereof became nonconforming shall not be increased.

(2)

Unsafe structures. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(F)

Uses requiring planning approval and special exception uses.

(1)

Existing uses. Any lawful use existing on the effective date of this ordinance or of amendment thereto, and which would be required to have planning approval or would be a special exception use under the terms of this ordinance or amendment thereto, is without further action, conforming under these provisions.

(2)

Authorized uses. Any lawful use which is permitted with planning approval or as a special exception use under the terms of this ordinance (other than a charge through board of adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.

(Ord. No. 2482, § 2, 7-18-06)