A.   Prior Existence: Within the districts established by this title or amendments that may later be adopted, there exists lots, structures and uses of land and structures which were lawful before the ordinance codified herein was passed or amended both which would be prohibited, regulated or restricted under the terms of this title or future amendment.

   B.   Continuation Of Nonconformity: It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district. 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 effective date of adoption or amendment of the ordinance codified herein and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that such work shall be diligently carried on until completion of the building involved.

   C.   Legal Nonconformity: To be a legal nonconforming structure, building, lot, or use, the same must have been lawfully established on or before the effective date of this title and must have been in active use. The provisions of this section also shall apply to buildings, structures, uses of buildings or structures, or uses of land which hereafter become nonconforming due to the adoption of this title, amendments thereto, or rezonings.

   D.   Burden Of Proof: Landowners shall bear the burden of proof, to the satisfaction of the city's zoning administrator, to show that a lot, use of land, structure, use of structure, or characteristic of use of land that is nonconforming with the current zoning ordinances in force on the subject land comes under one or more of the exceptions to the zoning requirements provided in this section and that such otherwise nonconforming lot, use of land, structure, use of structure, or characteristic of use of land was lawfully established on the subject property. Conformity or nonconformity runs with the land, not with the owner. (Ord. 15-12, 8-17-2015)

In any district where dwellings are permitted, a single- family dwelling may be located or altered on any legally established lot or plot of official record as of the effective date of this title which does not meet area and/or width requirements of this title; provided, that the following conditions are met:

   A.   Side Yard: For lots or plots less than sixty feet (60') in width, each side yard width shall not be less than five feet (5').

   B.   Rear Yard: The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case shall be reduced below twenty feet (20').

   C.   Front Yard: The depth of the front yard shall comply with the zoning district in which it is located or with chapter 4 of this title.

   D.   Building Width And Area, And Garage Space: All single- family and two-family dwellings constructed as of the effective date of this title shall comply with the minimum building width and area requirements as well as the enclosed parking space requirement as set forth in the zoning district in which it is located.

   E.   Two Or More Lots: If two (2) or more lots or combinations of lots or parcels with continuous street frontage in single ownership are of record as of the effective date of this title, or amendments thereto, and if all or part of the lots or parcels do not meet the requirements for lot width and area as established by this code, the lands involved shall be considered to be an undivided, single parcel for the purposes of this title. No division of the parcel shall be made which leaves remaining any lot or parcel with a width or area below the requirements of this title. If such lots or parcels are to be considered an undivided parcel, the owner will be required to either replat the lots in question or to legally tie the lots together by recording a lot tie agreement with the county recorder. (Ord. 15-12, 8-17-2015)

Where, at the effective date of adoption or amendment of the ordinance codified herein, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, subject to the following provisions:

   A.   No such nonconforming use shall be enlarged nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified herein.

   B.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified herein.

   C.   If any such nonconforming uses of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

   D.   If any property owner proposes an addition to any structure that does not meet current setback requirements, but the proposed addition meets all setback requirements, that proposal shall be permitted pending administrative review and approval. (1983 Code § 11-1-8C; amd. Ord. 20-15, 10-5-2020; Ord. 20-16, 10-5-2020)

If a lawful use of a structure, or structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified herein that would not be allowed in the district under the terms of this title, the lawful use may be continued, subject to the following provisions:

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

   B.   Occupy Land Outside Building: Any nonconforming use may be extended throughout any of the parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified herein, but no such use shall be extended to occupy any land outside such building.

   C.   Changed To More Restrictive Classification: If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to a more restricted classification.

   D.   Abandoned Or Discontinued Use: If any nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   E.   Partial Removal Or Destruction: Where nonconforming use status applies to a structure and premises in combination, removal or destruction in excess of fifty percent (50%) of the structure shall eliminate the nonconforming status of the land. (1983 Code § 11-1-8D)

   A.   Limited Repairs Allowed: On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing; provided, that the cubic content of the building as it existed at the time of passage or amendment of the ordinance codified herein shall not be increased.

   B.   Strengthen To Safe Condition: Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (1983 Code § 11-1-8E)

See section 9-12-4 of this title. (1983 Code § 11-1-8F)