(a)

Intent. Within the districts established by this chapter, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this chapter was passed and 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 these nonconformities to continue until they are removed. It is also the intent of this chapter to allow repairs to structures that are considered nonconforming uses, provided that the repairs only restore the structure to its previous condition. 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 this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation 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.

(b)

Nonconforming lots of record. In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this chapter. This provision shall apply even such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by section 71-27; however, all other provisions of section 71-27 shall apply. Any required variances shall be obtained only through the zoning board of adjustment.

(1)

Conformance when. The lawful use of a building or land existing at the date of enactment of this chapter, although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof. The use of land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.

(2)

Board approved use conforms. Any use that is permitted in a district only upon action of the board of adjustments shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use.

(c)

Manufactured homes. A manufactured home located within the city limits and outside a manufactured home park on the date of adoption of this chapter may be replaced one time and one time only with a manufactured home. The replacement manufactured home must be installed within 180 days of the removal of the manufactured home, upon the same site location as the replaced manufactured home, and comply with all codes and regulations effective on the date of installation. In the case of fire or natural disaster resulting in irreparable damage to a manufactured home, a replacement manufactured home must be installed within 180 days following the fire or natural disaster, upon the same site location as the damaged manufactured home, and comply with all codes and regulations effective on the date of installation. Upon the removal or destruction of the replacement manufactured home, the aforementioned site location of the manufactured home shall no longer be considered eligible as a location for a manufactured home

(Ord. No. 953, 12-12-2005; Ord. No. O-2021-0008, § 1, 6-21-2021)

Editor's note— Ord. No. O-2021-0008, § 1, adopted June 21, 2021, renumbered the former § 71-23 as § 71-30 and enacted a new § 71-30 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.