Within the districts established by this chapter or amendments that may later be adopted, there may exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit those nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter 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, except as more specifically set forth in this chapter. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. To avoid undue hardship, nothing in this chapter 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 effective date of adoption or amendment of the ordinance from which this chapter is derived and upon which actual building construction had been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner.

(Ord. No. 340, § 9-1, 5-20-1980)

(a)

Generally. In district R, a single-family dwelling and customary accessory buildings may be erected on any single lot lawfully created and of record on March 25, 1955, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, width and depth that are generally applicable in such district. If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership were of record on the effective date of the adoption of the ordinance from which this chapter is derived and if all or part of the lots do not meet the requirements established for lot area and width, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot area and width requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with area or width below the requirements established herein.

(b)

Building regulations for nonconforming lots.

(1)

Definitions.

a.

Lot. As used herein, the term "lot" shall mean a lot, tract, or parcel of land designated on a subdivision plat duly filed in the map or plat records of the county, or any lot, tract, or parcel of land held in separate ownership and described by metes and bounds upon a deed duly recorded and registered in the deed records of the county, that existed prior to the date of adoption of applicable subdivision regulations of the city.

b.

Nonconforming lot. As used herein, "nonconforming lot" is a lot that, because of its area, width or depth, does not comply with the regulations established under the terms of this chapter.

(2)

Minimum required yards. The minimum yard requirements/building lines for all nonconforming lots lawfully created on or after March 25, 1955, or, in the case that neither deed restrictions recorded prior to March 25, 1955, nor a plat recorded prior to March 25, 1955, establish building lines/a front yard, a side yard, or a rear yard, shall be as follows:

a.

For lots created on or before March 25, 1955, with applicable deed restrictions of platted building lines. The required front yard, side yard and rear yard for nonconforming lots legally created and lying within a subdivision which were in existence on March 25, 1955, and in separate ownership, shall be the yard requirements/building lines established in the recorded deed restrictions applicable to such lots as such deed restrictions existed on March 25, 1955, or the building lines established on a plat recorded prior to March 25, 1955. If the original deed restrictions conflict with the building lines established in a recorded plat, the greater distance or depth shall apply. If neither recorded deed restrictions nor a recorded plat establish building lines/a front yard, a side yard, or a rear yard, the required yard shall be as set forth in subsection (a)(1)b.1—3 of this section.

b.

For all other nonconforming lots shall be as follows:

1.

Minimumrequired front yard.

The required front yard on a turn circle shall be as follows:

2.

Minimum required side yards.

i.

Lots 20,000 sq. ft.—22,499 sq. ft.: There shall be two side yards on each lot, having a combined width of not less than 35 feet; neither of such side yards shall be less than 15 feet in width. A side yard adjacent to a side street shall not be less than 20 feet in width.

ii.

All other nonconforming lots: There shall be two side yards on each lot, each side yard having a width of ten feet. A side yard adjacent to a side street shall be not less than 15 feet.

3.

Minimum required rear yards. There shall be a rear yard having a depth of not less than 25 feet.

(3)

Maximum lot coverage for nonconforming lots. The building area, exclusive of outdoor swimming pools, shall not exceed one-third of the lot area or 5,625 square feet, whichever is less.

(4)

Maximum building height for nonconforming lots. The same as specified in section 44-159.

(5)

Alteration or repair of nonconforming building and structures. Existing single-family dwellings and customary accessory buildings located on nonconforming lots or tracts legally created and lying within a subdivision which was in existence on March 25, 1955, may be altered, repaired or enlarged; provided however, any enlargement or alteration shall meet all setback, yard and height requirements established herein for such subdivision.

(Ord. No. 340, § 9-2, 5-20-1980; Ord. No. 658, §§ 1—3, 2-21-2006)

(a)

Generally. Where a lot was non-conforming on March 25, 1955, and has been joined in common ownership with a contiguous lot or parcel that, prior to such joinder, did not have any frontage on a public or private street, the combination of lots shall be treated as a single lot for the purposes of applying this chapter, except as provided below.

(b)

Minimum yard requirements. For purpose of applying subsection 44-218(b)(2) regarding minimum yard requirements/building lines for non-conforming lots, the combined lot referenced in subsection 44-218.1(a) above shall be treated as a nonconforming lot, regardless of whether, after the combination, it meets the minimum area, width, and depth requirements for a conforming lot.

(Ord. No. 2015-844, § 1, 5-24-2015)

Where, at the time of adoption of the ordinance from which this chapter is derived, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued as long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of the ordinance from which this chapter is derived;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of the ordinance from which this chapter is derived;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which the land is located;

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Ord. No. 340, § 9-3, 5-20-1980)

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

(1)

No such nonconforming structure may be enlarged or altered in a manner which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of such destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

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

(Ord. No. 340, § 9-4, 5-20-1980)

If lawful uses involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination, which exist at the effective date of adoption or amendment of the ordinance from which this chapter is derived, would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the 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 district in which it is located.

(2)

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 of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

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

(4)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive months or for 12 months during any three-year period, the structure, or the structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purposes of this subsection is defined as damage to the extent of more than 50 percent of the replacement cost at the time of destruction.

(6)

All nonconforming uses shall be separated from contiguous residential property by any one of the following:

a.

A brick or stone screening fence seven feet high.

b.

A strip of dense natural foliage 35 feet in width and at least seven feet in height.

c.

A formal hedge four feet thick and at least seven feet high.

(Ord. No. 340, § 9-5, 5-20-1980)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing after obtaining a building permit as herein set out, provided that the cubic content existing when it became nonconforming shall not be increased.

(Ord. No. 340, § 9-6, 5-20-1980)

Any use which is permitted as a special exception in a district under the terms of this chapter shall not be deemed a nonconforming use in the district, but shall without further action be considered a conforming use.

(Ord. No. 340, § 9-7, 5-20-1980)