The purpose of this article is to establish regulations and limitations on the continued existence of uses, buildings, platted lots or structures established prior to the effective date of the ordinance from which this article is derived, which do not conform to the provisions of this chapter. Many such nonconformities may continue, but the provisions of this article are designed to curtail substantial investment in such nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the zoning districts and regulations established by this chapter.

(Ord. of 5-1-2003, § 3.1)

Any nonconforming buildings, structures, platted lots and uses that existed lawfully at the time of adoption of this chapter and which remain nonconforming, and any such building, structure, platted lot, or use that has become nonconforming upon adoption of the ordinance from which this chapter is derived or of any subsequent amendments thereto, may be continued subject to the provisions of this article.

(Ord. of 5-1-2003, § 3.2)

This category of nonconformities consists of land, buildings, or structures that are used for purposes on May 1, 2003, this being the effective date of the ordinance from which this chapter is derived, or any amendment thereto, not permitted in the zoning district in which they are located. Such uses may be continued as follows.

(1)

Expansion of use prohibited. A nonconforming use of land, buildings or structures shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation:

a.

An expansion or extension of a use, including its accessory uses, to any structure, building or land area other than that occupied by such nonconforming use on May 1, 2003, this being the effective date of the ordinance from which this chapter is derived, or any amendment thereto, that causes such use to become nonconforming.

b.

An expansion or extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on May 1, 2003, being the effective date of the ordinance from which this chapter is derived, or any amendment thereto, that causes such use to become nonconforming.

(2)

Relocation of use. A nonconforming use of land, buildings or structures shall not be relocated, in whole or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so relocated.

(3)

Change in use. A nonconforming use shall not be changed to any use other than a use permitted within the zoning district in which the use is located. When such a nonconforming use has been changed, in whole or in part, to a permitted use, the whole or part which has been made to conform may not thereafter be changed back to a use that is not permitted.

(4)

Discontinuation or abandonment of use. If a nonconforming use is discontinued, or becomes vacant, and remains unoccupied, for a continuous period of 180 days, regardless of the intent to resume or not terminate the use, such use shall be deemed to be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land, building or structure shall comply with all regulations of the zoning district in which such land, building or structure is located.

(5)

Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any building that is devoted in whole, or in part, to a nonconforming use, subject to section 56-94, where required. No structural alterations shall be performed on any building or structure devoted to a nonconforming use, except in the following situations where the alteration:

a.

Is required by law.

b.

Will result in eliminating the nonconforming use.

c.

Will not create any new nonconformity, increase the degree of any existing nonconformity, or increase the bulk of the building in any manner.

(6)

Damage and destruction.

a.

In the event that any building or structure that is devoted, in whole or in part, to a nonconforming use is damaged or destroyed, by any means not within the control of the property owner, to the extent of 50 percent or more of its replacement value at that time, then the building or structure shall not be restored or rebuilt unless the building or structure, including the foundation, and the use thereof, shall thereafter conform to all regulations of the zoning district in which it is located. The replacement value of the building or structure shall be based on the:

1.

Sale price if it had been sold within the past 12 months;

2.

Appraised value, if it had been appraised within the past 24 months; or

3.

Amount for which the building or structure was insured prior to the date of the damage or destruction.

b.

When such building or structure is damaged or destroyed, by any means not within the control of the property owner, to the extent of less than 50 percent of the replacement value at that time, it may be repaired and reconstructed and used for the same purposes as before the damage or destruction, provided that:

1.

A building permit is obtained and such repair or reconstruction is started within 12 months of the date of damage or destruction and is diligently pursued to completion.

2.

No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the building in any manner.

c.

In the event that a building permit is not obtained within 12 months, or that repairs are not diligently pursued, then the building or structure shall not be restored unless the building or structure, and use conform to all regulations of the district in which it is located. In the event that any nonconforming building or structure is damaged or destroyed by means within the control of the property owner, the building or structure as restored or repaired shall comply with all requirements of this chapter.

(Ord. of 5-1-2003, § 3.3)

This category of nonconformities consists of buildings and structures that are existing on May 1, 2003, this being the effective date of the ordinance from which this article is derived, or any amendment thereto, for which the size or location does not conform with the yard, height, floor area ratio, or other dimensional or bulk provisions of this article, or any amendment thereto. Such buildings or structures shall only be continued as follows:

(1)

Additions and enlargements. A nonconforming building or structure, which is nonconforming with respect to its bulk, may be added to or enlarged; provided that such addition or enlargement does not increase the degree of the existing nonconformity of the building or structure. In determining the extent of the allowable addition or enlargement, the nonconformity of the building shall be based only upon those portions of the building having both foundation and roof. A nonconforming building or structure shall not be added to or enlarged if such addition or enlargement would increase the degree of the existing nonconformity of the building or structure, such as by encroaching farther into required setbacks than the existing encroachment. However, under no circumstances shall a nonconforming building or structure be added to or enlarged, unless such nonconforming building or structure, including additions and enlargements thereto, shall conform to the following:

a.

Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in subsequent articles of this chapter.

b.

The allowable floor area ratio, as provided in subsequent articles of this chapter.

(2)

Relocation. A nonconforming building or structure shall not be relocated, in whole or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the building or structure thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so relocated. A building permit shall be obtained prior to relocation.

(3)

Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any nonconforming building or structure, subject to section 56-94, where required. No structural alterations shall be performed on any nonconforming building or structure, except in the following situations where the alteration:

a.

Is required by law.

b.

Will result in eliminating the nonconformity.

c.

Will not create any new nonconformity, increase the degree of any existing nonconformity, or increase the bulk of the building in any manner.

(4)

Damage and destruction.

a.

In the event that any nonconforming building or structure is damaged or destroyed, by any means that is not within the control of the property owner, to the extent of 50 percent or more of its replacement value at that time, then the building or structure shall not be restored or rebuilt unless the building or structure, including the foundation, and the use thereof, shall thereafter conform to all regulations of the zoning district in which it is located. The replacement value of the building or structure shall be based on the:

1.

Sale price if it had been sold within the past 12 months;

2.

Appraised value, if it had been appraised within the past 24 months; or

3.

Amount for which the building or structure was insured prior to the date of the damage or destruction.

b.

When such building or structure is damaged or destroyed, by any means that is not within the control of the property owner, to the extent of less than 50 percent of the replacement value at that time, it may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction, provided that:

1.

A building permit is obtained and such repair or reconstruction is started within 12 months of the date of damage or destruction and is diligently pursued to completion.

2.

No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the building in any manner. In the event that a building permit is not obtained within 12 months or that repairs are not diligently pursued, then the building or structure shall not be restored unless the building, structure and use conform to all regulations of the zoning district in which it is located. In the event that any nonconforming building or structure is damaged or destroyed by means within the control of the property owner, the building or structure as restored or repaired shall comply with all the requirements of this chapter.

(Ord. of 5-1-2003, § 3.4)

This category of nonconformities consists of lots of record that are existing on May 1, 2003, this being the effective date of the ordinance from which this article is derived, or any amendment thereto, for which the lot does not conform with the minimum lot area or lot width requirements for the zoning district in which it is located, as specified by this article, or any amendment thereto. Such nonconforming lots of record may only be built upon as follows:

(1)

Individual nonconforming lots of record.

a.

In any district permitting single-family residences, notwithstanding the limitations imposed by other provisions of this chapter, a single-family dwelling and accessory buildings may be erected on a single nonconforming lot of record; provided that the lot is in separate ownership and does not have continuous frontage with other lots in the same ownership.

b.

This provision shall apply even though such lot fails to meet the minimum lot area or lot width requirements generally applicable in the zoning district; provided that the setback and other bulk requirements of the lot shall conform to the regulations of the zoning district in which such lots are located, except as follows:

1.

Side yards may be reduced to ten percent of the lot width on interior lots.

2.

Side yards abutting a street on corner lots may be reduced to 15 feet.

3.

Front yards may be reduced to the average front yard setback on the block face.

(2)

Nonconforming lots of record held in common ownership. If on May 1, 2003, this being the effective date of the ordinance from which this article is derived, or any amendment thereto, two or more lots of record with continuous frontage in single ownership do not meet the minimum lot width or lot area requirements, as established by this chapter, the land so involved shall be considered to be a single undivided parcel for the purposes of this chapter. No portion of said parcel shall be used, transferred or conveyed that does not meet the lot width and lot area requirements established by this chapter, nor shall any division of the parcel be made which leaves the remaining lot with lot width or area below the requirements as stated in this chapter. No building permit shall be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this section.

(Ord. of 5-1-2003, § 3.5)

The provisions for nonconforming signs are contained within section 56-424.

(Ord. of 5-1-2003, § 3.6)