(A)   The purpose of this subchapter is to regulate and limit the continued existence of uses and structures established prior to the effective date of this chapter or any amendment subsequent thereto that do not conform to this chapter. Any nonconformity created by a change in the classification of property or the text of this chapter shall be regulated by the provisions of this subchapter. Many nonconformities may continue and in certain circumstances may make limited expansions, but the provisions of this subchapter are designed to limit or curtail substantial investment in nonconformities and to bring about eventual elimination and/or lessen the impact upon surrounding conforming uses in order to preserve the integrity of this chapter.

   (B)   While the intent of this subchapter prefers the eventual elimination of nonconforming uses, the City Council hereby finds that zoning in the city has generally not been successful in eliminating nonconformities, particularly viable ones, and that the public interest may be better served by allowing limited expansions of certain nonconformities whereby the impact of the nonconformity on surrounding and uses is lessened.

(Prior UDO, § 8.1)

   (A)   Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may continue only in accordance with the provisions of this subchapter.

   (B)   Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use (except as required in division (E) below of this section).

   (C)   A nonconforming use shall not be expanded, nor shall a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located (either attached or detached) except pursuant to § 153.279(B) of this chapter. Any occupation of additional lands beyond the boundaries of the lot on which the nonconforming use is located is prohibited. An existing nonconforming residential use may, without hearing before the Board of Adjustment be enlarged or altered, or be permitted in the R-8 District, provided that no additional dwelling units result therefrom. Any residential enlargement or alteration shall be in compliance with all yard requirements of the structures as required in the R-8 District.

   (D)   When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

   (E)   If a nonconforming use is abandoned for 180 days or more, the use shall not be allowed to re-establish. All new uses in the structure shall thereafter be conforming. If the use is destroyed (i.e., received damage to an extent of more than 60% of its replacement cost at the time of destruction), it may only be allowed to re-establish in accordance with a permit issued by the Board of Adjustment as set forth in § 153.279 of this chapter.

   (F)   A nonconforming use may not be changed to a different nonconforming use except in accordance with a permit issued by the Board of Adjustment after having followed certain procedures and having made certain findings as set forth in § 153.279 of this chapter.

      (1)   The replacement manufactured home either:

         (a)   Meets all the minimum requirements for a Class A manufactured home; or

         (b)   Meets all the minimum requirements for a Class B manufactured home plus division (4) of a Class A manufactured home, as set forth in the definition located in § 153.031 of this chapter;

      (2)   The replacement manufactured home is placed on the lot in a manner which meets all the setback requirements of the zoning district in which it is to be located or the requirements of the R-8 District, whichever is greater;

      (3)   The replacement manufactured home is placed on the lot within 180 days following removal of the existing manufactured home;

      (4)   Upon replacement of the existing manufactured home, the property will conform to § 153.051(A) of this chapter; and

      (5)   The property is not located in any HO-Historic Overlay District.

(Prior UDO, § 8.2) (Ord. passed 6-25-2020) Penalty, see § 153.999

   (A)   A nonconforming structure devoted to a use permitted in the zoning district in which it is located may continue only in accordance with the provisions of this section.

   (B)   Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

   (C)   A nonconforming structure may not, under any circumstances, be enlarged or altered in a way that increases its nonconformity.

   (E)   Should a nonconforming structure be moved for any distance on the lot of record, it shall be placed in a manner most in conformance with this chapter.

(Prior UDO, § 8.3) (Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999

   A nonconforming accessory use or accessory structure may be expanded only if the nonconforming features of that use or structure are not expanded so as to increase the degree of nonconformity.

(Prior UDO, § 8.4) Penalty, see § 153.999

   (A)   Except as provided in division (B) below of this chapter, in any district where a lot has been recorded with the County Office of the Register of Deeds, and is not in violation of the zoning regulations of the city prior to the effective date of this chapter, and the lot does not comply with the minimum lot area and width requirements for the zoning district in which the lot is located, the lot may be used for any use permitted in that zoning district, provided that the principal and accessory structures meet all applicable front, side and rear yard requirements for that zoning district as provided in this chapter.

   (B)   If 2 or more adjacent unimproved lots, neither 1 of which meet the lot width and/or area requirements of the zoning district in which they are located are of single ownership and are of record at the time of adoption of this chapter or any amendment thereto, and if these lots, in combination, met the dimensional requirements established for lot width and area, the lands involved shall be deemed to be an undivided lot. For the purpose of this chapter, the lot(s) shall be used or sold by the owner and all future assigns in a manner that is in compliance with lot, width and area requirements or as otherwise provided in this chapter.

(Prior UDO, § 8.5) Penalty, see § 153.999

   In accordance with § 153.046(E) of this chapter, certain lots are required to provide screening. All the lots shall be required to install screening within 7 years after the effective date of this chapter except as provided in § 153.046(E) and except where the screening would encroach upon the required sight triangle as described in § 153.052 of this chapter. Nothing in this chapter shall require any use which is required to dedicate land used for parking for screening purposes to provide additional off-street parking and/or loading to compensate for those areas so dedicated unless an expansion of the principal use is requested. No expansion of a use can occur unless all required screening, off-street parking and loading requirements and all other requirements of this chapter have first been met.

(Prior UDO, § 8.6) Penalty, see § 153.999

   On any lot which contains a use which does not comply with the off-street parking and loading regulations contained in §§ 153.185 through 153.188 of this chapter, a certificate of occupancy shall not be issued for an external expansion of any principal building or accessory structure on the lot which would result in a need to increase the number of off-street parking and/or loading spaces required until all off-street parking and loading requirements and all other applicable requirements of this chapter have first been met. A change in the principal use can occur, however, provided that no external expansion in the principal building occurs and also that the required number of off-street parking and loading spaces is the same or less than the former use.

(Prior UDO, § 8.7) Penalty, see § 153.999

      (2)   Thereafter, the manufactured home parks shall either:

         (a)   Cease operation and all manufactured homes shall be removed;

         (b)   Be reconstructed to conform to the following requirements:

            1.   Space dimensions and sizes shall be dictated by on-site sewage disposal standards contained in county’s environmental health regulations. Otherwise no setback, minimum lot size or other dimensional requirements shall apply; and

         (c)   The location of each manufactured home stand must be at an elevation, distance and angle in relation to the adjacent access drive so that placement and removal of the manufactured home is practical by means of customary moving equipment. All manufactured homes shall have a continuous brick, cinder block, concrete block, stucco, stone or other masonry-type underpinning or other skirting specifically manufactured for manufactured homes, or pressure treated wood (but plain standard surface pressure treated plywood is not acceptable), unpierced except for required ventilation and an access door. The underpinning and skirting shall be installed under all elements of the manufacture home. Each manufactured home in the park shall conform to the State Department of Insurance Standards for tie-down requirements. All replacement skirting in nonconforming manufactured home parks shall be of a nonreflective type;

         (e)   Each manufactured home park shall have a space number affixed either to the manufactured home or on a post or stand made of durable material. The number shall be set at a location as to clearly indicate the space to which it is assigned;

         (f)   Interior streets must be sufficient to carry normal traffic entering and leaving the manufactured home park;

         (j)   Where a manufactured home park is adjacent to a public street or road, street landscaping shall be required as follows:

            1.   The landscaping shall be provided in a designated landscaped area, which shall include, as width, at least the first 12 feet of the front yard and side yard as measured from the street right-of-way line;

            2.   Landscaping shall consist of, at a minimum, 4 small trees and 12 shrubs or 4 large trees per 100 linear feet of lot frontage on street right-of-way. No part of the landscaped area shall be left as bare soil; or

      (3)   A manufactured home park that is a nonconforming use may continue after the 10-year period only if it conforms or is improved to conform to the requirements of § 153.128 of this chapter. Provided however, no manufactured home park, as long as it remains a nonconforming use, shall be allowed to occupy lands beyond the boundaries of the tract on which it was located at the time it became nonconforming except to comply with the requirements of § 153.128 of this chapter. In no case shall any nonconforming manufactured home park either nonconforming as a use or nonconforming due to the standards of this chapter be allowed an increase in the number of manufactured home spaces unless it shall first become both a conforming use and conforming to the standards of § 153.128 of this chapter.

      (4)   In meeting the requirements of § 153.128 certain requirements in that section are waived for nonconforming manufactured home parks in bringing them into conformance with this chapter. Those requirements waived are as follows:

   (B)   During the period nonconforming manufactured home parks are allowed to continue in operation as provided for in this section the following requirements shall be met:

(Prior UDO, § 8.8) (Ord. passed - - ; Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999

   (A)   All existing on-premises freestanding signs that exceed the maximum sign face size, sign height, maximum number of signs or spacing requirements of this chapter shall be brought into compliance with the requirements of this chapter or removed entirely, which means the entire sign and any associated equipment, within 10 years of this effective date of this chapter.

   (B)   When 2 or more signs are made nonconforming because of not adhering to spacing requirements, the age of permit shall determine which sign shall be removed; the sign with the oldest valid permit shall be permitted to stay.

   (C)   Signs not permitted in a zoning district:

      (1)   Advertising signs within the city extraterritorial jurisdiction shall be allowed to continue as nonresidential nonconforming structures as described in § 153.137 of this chapter.

      (2)   If a sign is not permitted use, but is an identification sign for a lawful nonconforming use, the sign may be used for as long as the nonconforming use is allowed to continue; except that the sign, within 10 years following the effective date of this chapter or the date the use became nonconforming due to some later amendment to this chapter, shall at a minimum meet all the requirements for the sign as specified for the next descending zone (§ 153.315(G)) permitting the use.

   (D)   All other nonconforming signs not provided for otherwise in this section and prohibited by § 153.167 of this chapter shall be removed entirely or otherwise brought into conformance with this chapter, whichever is applicable, within 6 months of the effective date of this chapter, except that portable signs shall be removed entirely or otherwise brought into conformance with this chapter, whichever is applicable, within 1 year of the effective date of this chapter.

(Prior UDO, § 8.9) Penalty, see § 153.999

   (A)   Nonconforming signs which contain, in lieu of any other copy, otherwise lawful, noncommercial copy that does not direct attention to a business operated for profit, or to a commodity or service for sale, provided the sign complies with the size, height, lighting, spacing and setbacks requirements of this chapter shall not be subject to the requirements of § 153.143(C).

   (B)   Normal maintenance of all nonconforming signs, including necessary nonstructural repairs, incidental alterations or copy alterations which do not extend or intensify the nonconforming features of the sign, shall be permitted during the amortization period for the sign. However, no structural alteration, enlargement or extension shall be made to a nonconforming sign unless the alteration, enlargement or extension of the nonconforming features of the sign or by an order of the Administrator to ensure the safety of the structure.

(Prior UDO, § 8.10) Penalty, see § 153.999

   Any junkyard less than 1 acre in area and located in a district not permitting junkyards shall be removed entirely within 4 years from the effective date of this chapter. Any junkyard 1 acre or more in area and located in a district not permitting junkyards may remain in accordance with the provisions of this subchapter, provided however, § 153.279(B) shall not apply to junkyards. Any junkyard that does not meet the setback requirements for outdoor storage upon the effective date of this chapter shall meet the requirements within two years of the effective date. For the purpose of this section, the area of a junkyard shall be the area within the continuous external boundary formed by the limits of the ground surface covered by junk materials.

(Prior UDO, § 8.11) Penalty, see § 153.999