Within the districts established by this chapter or amendments that may later be adopted there are structures, buildings, uses, and lots which were lawful before the regulations were adopted or amended, but which became prohibited under the terms of this chapter or future amendments to this chapter. Such structures, buildings, uses, and lots are regulated by this section.

A.

As used in this article, the following terms shall have the meanings given in this section:

1.

"Added to" or "enlarged" means to make or become larger in gross floor area;

2.

"Building" means any structure intended for shelter, housing or enclosure for persons, animal and chattel;

3.

"Code official" means the person charged with the administration and enforcement of the building codes;

4.

"Gross floor area" means the area within the perimeter of the outside walls of the building under consideration;

5.

"Lot" means a parcel or plot of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and yards and other open spaces. Such lot shall have frontage on a public street and may consist of a:

a.

Single lot of record;

b.

Portion of a lot of record;

c.

Combination of complete lots of record, complete lots of record and portions of lots of record, or of portions of lots of record; or

d.

Parcel of land described by metes and bounds; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this chapter;

6.

"Nonconforming lot" means any lot existing prior to November 10, 1964, which is not sufficient in size to meet the minimum zoning requirements for use, coverage and area, yards and other open spaces;

7.

"Nonconforming structure or building" means any structure or building existing on November 10, 1964, which does not conform to the specific district regulations of this chapter for minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure, or its location on the lot;

8.

"Nonconforming use" means an activity occurring on the premises not allowed by the appropriate zoning district regulations. The nonconforming use must be in existence prior to November 10, 1964;

9.

"Premises" means a tract of land and the buildings or structures thereon; and

10.

"Replacement value" means the current construction cost for replacement of an existing building or structure, or portion thereof, reconstructed to meet applicable building standards established in the city code;

11.

"Structural alteration" means any modification of the load bearing capacities of walls, roof, and foundation; and

12.

"Structure" means anything constructed or erected the use of which requires location on the ground or which is attached to something having a location on the ground but shall not include fences, driveways, walkways, curbs, parking areas, or open porches, stoops, or patios provided that such remain open and without any roof or other covering or enclosure; and

13.

"Use" means allowable activities within each zoning district.

(Ord. 2003-25, Add, 06/13/2003)

(Ord. 2008-43, Amended, 07/24/2008)

A.

A nonconforming structure or building may be continued, maintained and repaired, except as otherwise provided in this article.

B.

Restrictions on nonconforming structures or buildings are as follows:

1.

No nonconforming structure or building shall be added to, enlarged, extended, reconstructed, or structurally altered unless the structure or building complies with the requirements of the district in which it is located and other applicable provisions of this chapter. However, covered porches of residential structures constructed prior to November 10, 1964, may be enclosed but not enlarged or added to. Enclosure of such porches shall be accomplished utilizing architectural design and materials which harmonize with the main structure. No structural or roof additions may be made in this case;

2.

No nonconforming structure or building shall be moved in whole or in part to another location on the lot unless every portion of the structure or building is made to conform to all the regulations of the district in which it is located and other applicable provisions of this chapter; and

3.

When a nonconforming building is damaged by fire, explosion, natural causes, or a public enemy by more than fifty percent (50%) of its replacement value, the restoration of the building shall be subject to the board of adjustment's finding, following the procedures in Article 2 of this chapter.

(Ord. 2003-25, Amended, 06/13/2003)

A.

Nonconforming uses may be continued unless otherwise provided for in this article.

B.

Restrictions on nonconforming uses are as follows:

1.

A nonconforming use may be changed to another nonconforming use of an equal or more restrictive classification or to a conforming use;

2.

In the event that a nonconforming use of any building or premises is discontinued uninterrupted for a period of thirty-six (36) months or the use is changed to a conforming use, the use of the building or premises shall thereafter conform to the use regulations of the district;

3.

No nonconforming use may be added to, extended, enlarged in terms of gross floor area nor may any structure be added to or moved onto the premises containing the nonconforming use unless such change is to a use permitted in the district; and

4.

When a building or premises containing a nonconforming use is damaged by fire, explosion, natural cause, or public enemy by more than fifty percent (50%) of its replacement value, the restoration of the building shall be subject to the board of adjustment's finding, following the procedures in Article 2 of this chapter.

(Ord. 2003-25, Amended, 06/13/2003)

A.

Continuance of nonconforming lots is regulated as follows:

1.

Nonconforming lots which contain conforming structures or uses may be continued and maintained unless otherwise provided for in this article; and

2.

When a conforming structure located on a nonconforming lot is damaged by fire, explosion, natural cause, or public enemy by more than fifty percent (50%) of its replacement value the restoration of the structure shall be subject to the board of adjustment's finding, following the procedures in Article 2 of this chapter, provided all district regulations, other than minimum lot area, are met.

(Ord. 2003-25, Amended, 06/13/2003)