(a)

The requirements of this chapter are designed to guide the use of land and to control development upon it to ensure that structures and uses are compatible with the predominant character of each of the various zoning districts. However, certain lots, structures, and uses, because they were created prior to the adoption or amendment of the ordinance from which this chapter is derived, may not conform to all the requirements of the district in which they are located.

(b)

While the requirements of this article are intended to encourage the gradual elimination of nonconformities through attrition or at such time when the lots, structures, or uses are subject to being altered, modified, reconstructed, renovated, restored or removed; any lawful but nonconforming lot, structure, or use may continue to remain as grandfathered in the city.

(c)

Grandfathering the nonconforming lots, structures, or uses in the city is the recognition that, while potential problems may arise from nonconformities impeding appropriate development, enforcing compliance until a nonconforming lot, structure, or use is altered, modified, reconstructed, renovated, or restored or removed may impose an undue hardship upon the property owner. When nonconforming lots, structures, and uses are either altered, modified, reconstructed, renovated, restored, or removed, they will then meet all applicable regulations of the district in which they are located, subject to the requirements of this article.

(Code 1974, § 9-1; Ord. No. 1151, § 9-1, 7-25-2005)

Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the district in which it is located may, nonetheless, be developed for any use permitted in that district if such vacant lot:

(1)

Was recorded in the county recorder of deeds office prior to the enactment of the ordinance from which this chapter was derived in 1974 (or the date of enactment of a pertinent amendment thereto);

(2)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by this chapter or any other applicable city or county ordinance; and

(3)

Is at least 30 feet wide.

(Code 1974, § 9-2; Ord. No. 1151, § 9-2, 7-25-2005)

If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of the ordinance from which this chapter is derived, and if one or more of those lots does not meet the minimum lot width, depth, or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed, except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(Code 1974, § 9-2.1; Ord. No. 1151, § 9-2, 7-25-2005)

(a)

Any otherwise lawful structure which exists on the effective date of the ordinance from which this chapter is derived, but which could not be erected under the terms of this chapter because of requirements or restrictions concerning lot size, height, setbacks, or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following provisions:

(1)

Enlargement; alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.

(2)

Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

(3)

Reconstruction. An existing nonconforming structure shall not be reconstructed if damaged or destroyed, by any means, beyond 50 percent of the structure's market value at the time of loss, unless, after reconstruction, the structure will conform to all applicable regulations of the district in which it is located. In the event the building and zoning official determines the estimated cost of reconstruction is less than 50 percent of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six months from the date the damage occurred and is diligently pursued to completion.

(b)

The building and zoning official may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the building and zoning official.

(Code 1974, § 9-3; Ord. No. 1151, § 9-3, 7-25-2005)

Any otherwise lawful use existing on the effective date of the ordinance from which this chapter is derived that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions:

(1)

Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

(2)

Enlargement; alteration; reconstruction. No structure housing a nonconforming use shall be enlarged, structurally altered, or reconstructed unless the use of the structure is changed to a use which is allowed in the district.

(3)

Extension/intensification of use. No nonconforming use occupying a structure may be extended to any parts of the structure not intended or designed for such use, nor shall such nonconforming use be extended to occupy any land outside such structure. Similarly, no nonconforming use of land shall be intensified or extended to occupy a greater area of land than was occupied by such use on the effective date of the ordinance from which this chapter is derived.

(4)

Relocation. No nonconforming use shall be moved, in whole or in part unless, upon relocation, it will conform to all pertinent regulations of the district in which it will be located.

(5)

Change of use. A nonconforming use shall not be changed except to a use that is allowed under the applicable district regulations.

(6)

Discontinuance. When a nonconforming use is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(Code 1974, § 9-4; Ord. No. 1151, § 9-4, 7-25-2005)

The regulations of this article shall not affect the terms, of any permit issued prior to the effective date of the ordinance from which this chapter is derived, or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.

(Code 1974, § 9-5; Ord. No. 1151, § 9-5, 7-25-2005)