(1)

Within the zoning districts established by this zoning ordinance, or in other provisions or amendments, there exist lots, uses of land, uses of land and buildings, uses of land and structures, open uses, and characteristics of buildings and structures that were lawful before this zoning ordinance and the official zoning map was adopted, but that would be prohibited under the terms of said zoning ordinance and official zoning map, or future amendments thereto ("nonconforming situations"). Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the districts involved. It is the intent of the city to require the cessation of certain of these nonconforming situations, and to allow others to continue, on a limited basis, until they are otherwise removed or cease. It is further the city's intent that nonconforming situations not be used as grounds for adding other buildings, structures, or uses of land prohibited by this article, and that no such nonconforming building, structure, or use of land be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of non-conformity.

(2)

Whenever nonconforming situations are otherwise specifically addressed in other provisions of this UDO, the nonconforming provisions in this article shall not apply to said provisions.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Nonconforming situations that are changed to a conforming state shall not be permitted to revert to a nonconforming situation.

(2)

No nonconforming situation shall be changed to another nonconforming situation.

(3)

When any portion of a nonconforming use of land, buildings, structures, or combinations thereof is discontinued for a continuous period of one year or more, any future use of such land, building, or structure shall be limited to those uses permitted in that district under the provisions of the zoning ordinance. Vacancy or non-use of the land, building, or structure, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision, unless such cessation is a direct result of governmental action impeding access to such land.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

Nonconforming uses consisting of land used for storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf, shed sales and other uses where the only buildings or structures on the lot are incidental and accessory to the use of the lot and where such use of the land is not permitted to be established hereafter under this article in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this article:

(1)

When any portion of such nonconforming use of land has been changed to a conforming use, said portion shall not thereafter be used for any nonconforming use.

(2)

No such nonconforming use of land shall be enlarged to cover more land than was occupied by such nonconforming use at the time it became legally nonconforming.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

The following regulations apply to the nonconforming use of land and buildings in combination and the nonconforming use of land and structures in combination:

(1)

Such uses of land and buildings or land and structures shall not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(2)

A nonconforming use of a building may be extended into those interior parts of a building which were constructed and manifestly designed for such use prior to the enactment of this zoning ordinance.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

Nonconforming characteristics of buildings, structures, or uses, such as lighting, parking, loading, and similar elements, shall not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

A nonconforming use, or building or structure in combination with a use, or nonconforming characteristics of a building, structure, or use, shall not be extended or enlarged beyond the area of use or beyond the conforming size, height, or other dimensions or characteristics of the use, building or structure.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

No nonconforming use, building or structure requiring a special permit, including any use, building or structure that was authorized as of right prior to the adoption of the UDO, but would require a special permit upon the adoption of the UDO, shall be enlarged, expanded, moved, or otherwise altered in any manner except after application for and approval of the now-required special permit. Normal repair and maintenance of such buildings and structures is authorized without the need for a special permit.

(2)

No such use, building, or structure that has been discontinued for a continuous period of one year or more shall be reestablished unless such cessation is a direct result of governmental action impeding access to the property or unless a special permit authorizing such use is granted.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

Any building or structure constituting a nonconforming use of land and buildings, nonconforming use of land and structures, or buildings or structures with nonconforming characteristics that have been unintentionally damaged by fire or natural causes such as flood or storms, may be reconstructed to its previous nonconforming state and used as it was prior to damage if said reconstruction has begun within one year of the date of the damage.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

Nothing in this article shall prevent the strengthening or restoration to a safe condition of any part of any building, structure, or land declared unsafe by the zoning administrator.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

For regulations pertaining to nonconforming signs, see section 102-B-10-16.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Subject to property interests legally vested under state law prior to the adoption of this UDO, all site plans adopted as part of previous zoning map amendments that are in existence prior to the effective date of this UDO shall be replaced by the regulations of this UDO, except as follows:

(a)

Any proposed development that is subject to previously approved site plans that was not constructed prior to the effective date of this UDO may be constructed in accordance with the uses(s), height, location, parking ratios, landscaping plans, hours of operation, and density applicable to that previously approved site plan. Such development shall be deemed conforming for purposes of this article as to such previously approved uses(s), height, location, parking ratios, landscaping plans, hours of operation, and density. Except as otherwise provided herein, all other regulations of this UDO shall apply to said parcel unless compliance with the UDO regulations renders construction of such development consistent with such prior uses(s), height, location, parking ratios, landscaping plans, hours of operation, and density structurally unfeasible.

(b)

Any development subject to a site plan constructed prior to the effective date of this UDO that is partially or fully destroyed by unintentional means such as fire, storm or other hazards may be reconstructed on its previous footprint to its previous uses(s), height, location, parking ratios, landscaping plans and density. Such rebuilt principal buildings shall be deemed conforming for purposes of this article as to such previous use(s), height, location and density.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)