In order to avoid individual hardship whenever reasonable and not in conflict with the general welfare of the city and for purposes herein outlined, the following provisions apply to all zones.

(Code 1981, § 8-5-41; Ord. No. 2024-04, 1-9-2024)

Note— Ord. No. 2016-19, § 2, adopted August 2, 2016, relocated the provisions of the former section 93-3-1.2, which pertained to the zoning map and derived from Ord. No. 2007-09, § 1, adopted July 3, 2007 and Ord. No. 2016-12, § 2, adopted April 5, 2016, to section 93-3.1-2.

Except as herein specified in section 93-3-11, the lawful use of any building or land existing at the time of the enactment of the chapter may be continued without interruption, although such use does not conform to the provisions of this chapter. The use may be continued provided that, with proof, properties that have been developed for a minimum of 20 years may be used in the manner as originally and lawfully developed.

Nonconforming conditions, including parking, floor area, and sidewalk width requirements may be allowed subject to the unaltered continuation of the nonconforming use, however, no expansion on the building footprint or floor area may be made. A nonconforming structure may not be expanded without approval from the board of appeals.

(Code 1981, § 8-5-42; Ord. No. 2013-05, § 1, 4-2-2013; Ord. No. 2024-04, 1-9-2024)

Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition unless otherwise prevented by law.

(Code 1981, § 8-5-43; Ord. No. 2024-04, 1-9-2024)

Nothing contained in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has begun.

(Code 1981, § 8-5-44; Ord. No. 2024-04, 1-9-2024)

Any nonconforming building or use which is damaged or destroyed, by fire or other such causes, may be restored or replaced to the extent of its existence immediately prior to such damage or destruction, provided that required permits for such restoration or replacement are secured within 12 months, work on restoration or replacement is initiated within a period of one year from the date of the damage or destruction, and such restoration or replacement complies with any nuisance abatement requirements. In addition, with the exception of single-family detached dwellings, such restoration or replacement shall be brought into compliance with current building, architectural, and zoning code structural and dimensional requirements.

(Code 1981, § 8-5-45; Ord. No. 75-3, 4-1-1975; Ord. No. 86-5, 7-1-1986; Ord. No. 87-20, 7-7-1987; Ord. No. 2013-04, § 1, 4-2-2013; Ord. No. 2014-05, § 1, 5-6-2014; Ord. No. 2024-04, 1-9-2024)

Whenever a nonconforming use has been discontinued for a period of three months, that use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. The following factors may be utilized to determine whether a nonconforming use has been discontinued:

(1)

Dilapidation or significant disrepair such as broken windows, peeling paint, roof deterioration, or other conditions or deficiencies that constitute a code violation;

(2)

Unkempt lawn or poor maintenance of plants, trees, or other landscape materials;

(3)

Poorly maintained parking surfaces or driveways;

(4)

Inoperable or unregistered vehicles or vehicles otherwise in disrepair;

(5)

Disconnection of electrical power or public water service at the request of the owner or from failure to pay for a period of 90 days;

(6)

Failure of the owner to maintain an occupational tax permit, as applicable; or

(7)

Revocation of a certificate of occupancy for a period of six months.

Notwithstanding any such abandonment, a property that has been developed for a minimum of 20 years at the time of abandonment may conform to the parking, floor area, and sidewalk requirements as originally developed upon its re-use.

(Code 1981, § 8-5-46; Ord. No. 2013-04, § 2, 4-2-2013; Ord. No. 2024-04, 1-9-2024)

No nonconforming use may be changed to another nonconforming use.

(Code 1981, § 8-5-47; Ord. No. 2024-04, 1-9-2024)

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(Code 1981, § 8-5-48; Ord. No. 2024-04, 1-9-2024)

A nonconforming use shall not be enlarged, expanded or extended either on the same or adjoining property.

(Code 1981, § 8-5-49; Ord. No. 2024-04, 1-9-2024)

Approval of a rezoning by the mayor and council shall automatically adjust the minimum and maximum setbacks to the extent necessary to render such existing structures conforming.

(Code 1981, § 8-5-50; Ord. No. 2013-04, § 3, 4-2-2013; Ord. No. 2024-04, 1-9-2024)

Editor's note— Ord. No. 2024-04, adopted January 9, 2024, repealed § 93-3-11 which pertained to notice to owners of nonconforming property and derived from Ord. No. 2013-04, adopted April 2, 2013.

Destruction or removal of buildings which preexisted rezoning shall reinstate the development standards of the then applicable zoning regulations.

(Ord. No. 2013-04, § 5, 4-2-2013; Ord. No. 2024-04, 1-9-2024)