Within the district or zone established by this title or amendments that may later be adopted there exist:

   A.   Lots;

   B.   Structures;

   C.   Uses of land and structures; and

   D.   Characteristics of use;

which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment, it is the purpose of this title to permit these nonconformities to continue until they are removed. It is further the purpose of this title that nonconformities shall not be enlarged upon, expanded or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same zone or district.

Nonconforming uses are declared by this title to be incompatible with permitted uses in the zones or districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this title or its amendment by attachment on a building or premises, or by the addition of other uses, of a nature which would be prohibited generally in the zone or district involved.

To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the amendment of this title and upon which actual building construction has been carried on diligently. “Actual construction” is hereby defined to include the placing of construction materials in its permanent location, or demolition or removal of an existing building 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. (Ord. 619, 4-13-2021)

In any zone or district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment hereof, notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for acres or width, or both that are generally applicable in the zone or district. Variances of yard or setback requirements shall be obtained only through action of the Council. (Ord. 619, 4-13-2021)

Where a lawful structure exists at the effective date of adoption or amendment hereof that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on lot, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   A legal nonconforming use shall not be changed except to a use that complies with the regulations of the zoning district in which the subject property lies or to diminish its nonconformity. No structure may be enlarged or altered in such a way which increases its nonconformity;

   B.   Should such a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone or district in which it is located after it is moved.

   C.   Single-family residential dwellings lawfully permitted and constructed within any zone district which have not converted to a conforming use may be maintained, repaired, or reconstructed regardless of the percent of damage provided the dwelling meets the height, setback and lot coverage requirements of the residential zone district. Additionally, accessory buildings which are allowed with single-family dwellings may be maintained, repaired, or reconstructed regardless of the percent of damage provided they meet the height, setback and lot coverage requirements of the residential zone district. (Ord. 619, 4-13-2021)

Where at the time of passage of this title, lawful use of land, structures, or premises in combinations exists which would not be permitted by the regulations imposed by this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure or use of land devoted to a use not permitted by this title in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone or district in which it is located;

   B.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment hereof, but no such use shall be extended to occupy any land outside such building. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment hereof:

   C.   If no structural alterations are made, any nonconforming use of a structure, use of land, or structure and premises, may as a special exception be changed to another nonconforming use provided that the Council, either by general rule or by making findings in the specific case shall find that the proposed use is equally appropriate or more appropriate to the zone or district than the existing nonconforming use. In permitting such change, the Council may require appropriate conditions and safeguards in accordance with the provisions of this title;

   D.   Any structure, use of land, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone or district, and the nonconforming use may not thereafter be resumed;

   E.   No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming structure, use of land, or structure and premise, in combination.

   F.   When a nonconforming use of a structure, use of land, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months and an owner or his authorized agent permits or allows an approved or unlawful intervening use of the owner’s property, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located.

   For purposes of this section, “designed purpose” means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances. (Ord. 619, 4-13-2021)

The following improvement and redevelopment standards apply to legal non-conforming manufactured home parks:

   A.   An existing manufactured home park shall not be enlarged or increased to occupy a greater area of land than was occupied at the effective date of the adoption or amendment hereof;

   B.   An existing manufactured home park shall not be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment hereof;

   C.   Replacement of existing manufactured homes:

      1.   If a manufactured home is removed for any period of time, any subsequent replacement shall be as follows:

         a.   The replacement structure shall be consistent with the definition of a manufactured home pursuant to section 11-2-5(H) of this title or shall be a single family dwelling unit meeting the requirements of the International Residential Code.

         b.   If the replacement structure is a manufactured home, it shall meet the requirements of section 11-2-5(H) of this title.

         c.   If the replacement structure is a single family dwelling unit meeting the requirements of the International Residential Code, the replacement structure shall meet the requirements of subsections 11-2-5(H)(1)(a-c) of this title in terms of minimum size, pitched roof slope and exterior siding and roofing standards.

         d.   Where interior lot lines are not present, replacement structures shall be located no closer than the distance allowed by the International Residential Code between structures. In areas where an existing structure is being replaced that is non-conforming to required setbacks or lot coverage, the replacement structure shall be sized and placed in a manner that is equally or less non-conforming relative to lot coverage and setback requirements.

         e.   So that no greater number of manufactured homes or residential units shall be allowed than lawfully exist in the park, permits for replacement structures shall only be authorized for a unit which is being replaced.

   D.   No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land. (Ord. 619, 4-13-2021)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs such as walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.

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 reasons of physical condition, it shall not be thereafter restored, repaired, or rebuilt except in conformity with the regulations of the zone or district in which it is located. (Ord. 619, 4-13-2021)