Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this section shall have the meaning set forth in this section when used in this article.

Cost means the cost of renovation, repair or restoration shall mean the fair-market value of the materials and services necessary to accomplish a renovation, repair or restoration. Cost shall mean the total cost of all intended work, and no person may avoid the intent of this definition by doing the intended work incrementally.

Effective date of this chapter means whenever this chapter refers to the effective date of this chapter, the reference shall include the effective date of any ordinance that amends this chapter, if the ordinance, rather than this chapter as originally adopted, creates a nonconforming situation.

Expenditure means a sum of money paid in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

Nonconforming lot means a nonconforming situation existing on the effective date of this chapter that occurs when a lot (not created for purposes of evading the restrictions of this chapter) does not meet the minimum area requirement of the applicable zoning district.

Nonconforming project means any structure or development that is incomplete on the effective date of this chapter and would be inconsistent with one or more of the applicable zoning district regulations, if completed as proposed or planned.

Nonconforming sign means a nonconforming situation existing on the effective date of this chapter when an existing sign does not conform to one or more of the regulations set forth in Article 9.

Nonconforming site improvement means a nonconforming situation existing on the effective date of this chapter that occurs when a site improvement on a lot, including but not limited to parking areas, storm drainage facilities, sidewalks and landscaping, does not conform to one or more of the applicable zoning district regulations.

Minor repairs or renovation means repairs or renovation costs that do not exceed ten percent of the structural value of a structure or site improvement.

Nonconforming use means a primary use of property existing on the effective date of this chapter that occurs when property is used for a purpose or in any manner made unlawful by the use regulations or performance and design standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property. The term does not refer to accessory use of property.

Nonconforming situation means a situation that occurs when, on the effective date of this chapter, an existing lot, structure or improvement, or the use of an existing lot, structure or improvement no longer conforms to one or more of the applicable zoning district regulations.

Structural value means the present day cost of a structure or its replacement value if destroyed.

Within the zoning districts established by this chapter or its subsequent amendment, there exist a) lots; b) structures; c) uses of structures; e) uses of land and structures in combination; and f) characteristics of use, which were lawful before this chapter was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this chapter or its subsequent amendment. Such instances shall hereafter be considered lawful nonconformities.

It is the intent of this chapter to recognize the legitimate interest of owners of lawful nonconformities by allowing such lawful nonconformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful nonconformities may substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this chapter. In order to secure eventual compliance with the Comprehensive Plan and with the standards of this chapter, it is therefore necessary to carefully regulate lawful nonconformities and to prohibit the re-establishment of such nonconformities that have discontinued.

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 adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. "Actual building construction" is hereby defined to include the placement of construction materials in permanent position and fastened in a permanent manner.

A.

Lots. Any lot having insufficient area, width or depth for the zoning district in which it is located, or insufficient frontage on an improved public or private street of a planned district, or any combination thereof, shall be considered a lawful nonconforming lot only if:

1.

It was lawfully platted and recorded and on file in the office of the Jackson County Recorder prior to the adoption of this article;

2.

There has been a building permit issued on that lot; or

3.

It was lawfully recognized by the City prior to August 1, 2001.

On any single lawful nonconforming lot within a zoning district which permits single-family detached residential dwellings, one such dwelling may be constructed by right, provided that height, lot coverage, and off-street parking requirements of the zoning district within which the parcel is located are complied with, and all appropriate permits are obtained prior to any construction activity.

B.

Further, no such lot or portion thereof shall be used or sold in a manner which will increase its degree of nonconformity. Structures that were lawfully constructed prior to the adoption of this chapter, but which could not be constructed under the terms of this chapter by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures, shall hereafter be considered lawful nonconforming structures. As such, they may continue to exist so long as they remain otherwise lawful, provided that no reconstruction, enlargement or alteration of said structures shall occur that will increase their nonconformity except as provided for in Section 10.070 of this chapter. However, any lawful nonconforming structure or portion thereof may be altered to reduce its nonconformity.

C.

Uses.

1.

Uses of land. Any use of land, or use of land which involves no individual structure with a replacement value exceeding $1,000.00 which would not be permitted under the terms of this chapter but was lawfully existing at the time of the adoption of this chapter, shall hereafter be considered a lawful nonconforming use of land. As such, it may be continued so long as it remains otherwise lawful and provided that no enlargement, increase or extension of the lawful nonconforming use of land occurs so that a greater area of land is occupied than what was occupied at the time of the adoption of this chapter, and that no additional structures or additions to structures existing at the time of the adoption of this chapter shall be constructed on the same zoning lot. Further, no such lawful nonconforming use of land shall be moved or relocated in whole or in part to any other portion of the zoning lot on which it is located than that portion occupied at the time of the adoption of this chapter. If any lawful nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of such land shall conform to the terms of this chapter.

2.

Uses of structures. Any use of a structure with a replacement cost of $1,000.00 or more which would not be permitted under the terms of this chapter but was lawfully existing at the time of the adoption of this chapter shall hereafter be considered a lawful nonconforming use of that structure. As such, it may be continued so long as it remains otherwise lawful and provided that the structure in which the lawful nonconforming use is located shall not be enlarged, extended, constructed, reconstructed, moved, relocated or structurally altered except in changing the use to a permitted use in the district in which it is located or as otherwise provided for in this chapter. However, a lawful nonconforming use of a structure may be extended throughout any parts of the structure in which it is located where said structure or parts thereof were manifestly arranged or designed for such use at the time of adoption of said chapter, but no lawful nonconforming use of a structure shall be extended to occupy any land outside such structure. If any lawful nonconforming use of a structure is discontinued for any reason for a period of one year, (except when government action impedes access to the premises), such structure shall only thereafter be used in conformity with the terms of this chapter.

3.

Uses of land and structures in combination. Any use of land in combination with a structure with a replacement cost of more than $1,000.00 which would not be permitted under the terms of this chapter but was lawfully existing at the time of the adoption of this chapter shall hereafter be considered a lawful nonconforming use of land and structure in combination. As such, it may continue so long as it remains otherwise lawful and provided the use complies with the provisions herein.

4.

Characteristics of use. When an otherwise lawful existing use is permitted generally in any given zoning district but where, due to adoption of this chapter, required off-street parking, paving of residential driveway, paving commercial drive access and parking area, landscaping, screening and similar regulations are not provided, such deficiencies attributable to the use shall be considered lawful, nonconforming characteristics of use. Said deficiencies shall be brought into conformance when the use they are attributable to is expanded, enlarged or the intensity is increased, even though the use is permitted generally.

One existing lawful nonconforming use of a structure may be changed to one other nonconforming use of the same structure by the Director based upon review of the following criteria and when deemed that such a change will not adversely affect the purpose and intent of this chapter. If any of the criteria cannot be met or are violated due to the requested change from one nonconforming use to another, then the request shall be reviewed by the Board in accordance with the provisions set forth in Section 10.090 of this chapter for their disposition:

1.

The proposed use is no more intensive than the existing use;

2.

The proposed use occupies no more area of the structure than the existing use;

3.

The proposed use requires no more off-street parking than the existing use; and

4.

Existing lawful nonconforming uses of a structure that changes owners but continue the same use shall be permitted to do so provided that an agreement is signed by the new owner and Director stating that the new owner agrees to all conditions placed on the previous owner and use(s) of the structure.

5.

All signage for the existing use shall be removed and all signage for the proposed use shall conform to the underlying district in which it is located as provided in Article 9 of this chapter except that where signage is prohibited then one wall mounted sign of a maximum area not to exceed five percent of the wall area shall be permitted and the proposed use otherwise complies with the terms of this chapter and approval has first been obtained from the Board, when required, before any change or conversion is commenced.

Anywhere a lawful nonconforming use is superseded by a permitted use, such lawful nonconforming use shall not thereafter be resumed.

Should any lawful nonconforming structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this chapter; except that lawful nonconforming structures that are single family detached dwellings, duplexes or townhouses of not more than two laterally attached single family dwellings, or multi-family dwellings/townhouses not exceeding four units may be reconstructed to their former condition, dimensions and location on the lot provided that the destruction was caused by an accident or act of God occurring after the adoption of this chapter and such reconstruction does not increase the degree of nonconformity that existed prior to the destruction. Reconstruction of a lawful nonconformity, where permitted, must commence within 24 months of destruction. In such case where reconstruction does not commence within this limited time frame, the nonconformity will be considered abandoned and such structure shall only be reconstructed as a permitted use.

Where nonconforming status applies to a use and structure in combination, and where removal or destruction of said structure was caused by an accident or act of God after the adoption of this chapter, and where removal or destruction exceeded 50 percent of the cost to replace said structure, the re-establishment of the nonconforming use shall be prohibited.

Appeals from an administrative decision related to this article shall be made in accordance with Article 11 of this chapter.

All nonconforming projects with respect to which a permit was issued prior to the effective date of this chapter and that are at least ten percent completed in terms of the total expected cost of the project on the effective date of this chapter may be completed in accordance with the terms of their permits, so long as those permits were validly issued, remain unrevoked and unexpired. If a development has been approved for completion in stages, this subsection shall apply only to the phase that is under construction.

Any structure used as a single-family home and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of the existing nonconformities with respect to such matters as setback and parking requirements.

Detached accessory structures may be permitted for single family residential uses that are non-conforming uses in the district in which they are located, provided they meet the lot area and setback requirements of an R-1 district, and all other code and regulations are met.

Minor repairs to and routine maintenance of structures and property, where nonconforming situations exist, are permitted and encouraged. Major renovation, i.e., work estimated to cost more than 50 percent of the structural value of the structure to be renovated, shall not be permitted except as further provided for herein.

The burden shall be on the landowner or developer to establish entitlement to continuation of nonconforming situations or completion of nonconforming projects.

A.

Continuance of nonconforming signs. Subject to the restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this chapter may be continued.

B.

Prohibition on expansion of nonconforming signs. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in a manner that aggravates the nonconforming condition, nor may illumination be added to any nonconforming sign.

C.

Sign conformance with chapter. A nonconforming sign may not be moved or replaced, and the face of a sign may not be changed, except to bring the sign into complete conformity with the provisions of Article 9; provided that "sign maintenance" as defined in this chapter may occur and is encouraged.

D.

Maintenance and repair. Subject to the other provisions of this section, nonconforming signs may be maintained and repaired so long as the cost of the work within any 12-month period does not exceed 50 percent of the value (tax value if listed for tax purposes) of the sign. No such work shall be done until the person proposing to do the work first submits the information required to satisfy the Director and the Director determines that the cost of the work will not exceed 50 percent of the value of the sign.

E.

Abandonment of nonconforming sign. If a nonconforming sign, other than a billboard, advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed within 30 days after the abandonment by the sign owner, owner of the property where the sign is located, or other person having control over the sign.

A.

Continuance of nonconforming billboards. Subject to the restrictions of this section, nonconforming billboards may be continued.

B.

Limitation on expansion of nonconforming billboards. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming billboard. Without limiting the generality of the foregoing, no nonconforming billboard may be enlarged or upgraded in any manner that aggravates the nonconforming condition, except that a nonconforming billboard may be upgraded to a digital billboard but only as provided in Subsection C. below.

C.

Conversion of nonconforming billboards. Nonconforming billboards may only be converted to digital billboards upon approval of an application for a special use permit, acquisition of all necessary permits and approvals, and compliance with each of the following conditions:

1.

For every nonconforming billboard sign ("face") that is proposed to be converted to digital, two billboard faces owned by the applicant and located within the jurisdictional limits of the City must be permanently removed.

2.

The overall size of the message board or screen on the converted billboard shall not be increased in size by more than ten percent of its existing size.

3.

The digital faces on the converted billboard must comply with all of the requirements of this article and all other applicable legal or regulatory provisions.

4.

When an existing legal nonconforming billboard is converted to a digital billboard, the converted digital billboard shall retain its legal nonconforming status as a billboard and shall remain subject to the regulations of this article.

5.

Except in the case of a conversion of an existing traditional billboard to a digital billboard, the removal of billboard faces for exchange purposes must include removal of the supporting structure(s) upon which the billboard faces are located.

6.

All applications for conversion of a traditional billboard face to a digital billboard face must identify the traditional billboard faces to be removed. The City's issuance of a permit for a digital billboard that is converted under the terms of this article shall only occur in conjunction with the issuance of permits for the demolition or removal of the billboard faces identified for removal. The billboard faces to be exchanged must be removed completely prior to the City's issuance of a certificate of completion for the digital billboard face, and shall remain as a condition of approval of the special use permit. The removal of billboards or billboard faces occurring prior to the effective date of this section shall not be counted for exchange purposes under this section.

D.

Illumination. Except for the internal illumination accompanying a billboard that is converted in accordance with subsection C above, no other illumination shall be added to any nonconforming billboard.

E.

Billboard conformance with this chapter. A nonconforming billboard may not be moved or replaced, except to bring the billboard into complete conformity with this chapter; provided that sign maintenance as defined herein may occur and is encouraged.

F.

If a nonconforming billboard remains blank for a continuous period of 180 days, that billboard shall be deemed abandoned and, within 30 days after such abandonment, shall be altered to comply with this and all applicable provisions of Article 9 or be removed by the sign owner, owner of the property where the sign is located, or other person having control over the sign. For purposes of this section, a sign is "blank" if:

1.

It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted;

2.

The advertising message it displays becomes illegible in whole or substantial part; or

3.

The advertising copy paid for by a person other than the sign owner or promoting an interest other than the rental of the sign has been removed.