(a)

Nonconforming uses and structures are those which do not conform to a provision or requirement of this article but were lawfully established prior to the time of its applicability. It is recognized that those nonconformities which adversely affect orderly development and the value of nearby property are not permitted to continue without restriction. The continued existence of nonconformities is frequently inconsistent with the purposes for which such regulations are established.

(b)

This article distinguishes by class the various nonconforming uses and structures. In general, Class A nonconforming uses and structures have been found by the planning commission not to be contrary to the public health, safety, and general welfare, and are not in conflict with the spirit of this article or other standards in this article and as such should either be encouraged or at a minimum not be discouraged to continue. In contrast, the Class B nonconforming uses and structures are not consistent with the aforementioned, and as such, should be not encouraged to exist by the city. Different regulations are established for each class. The degree of restriction over each class is a function of the degree to which that class of nonconformity is a nuisance or is incompatible with the purposes and regulations of this article. The location of a use or structure on a nonconforming parcel as defined in section 50-99 does not make the use or structure nonconforming, unless that use or structure also fails to conform to the provisions of this article.

(c)

Any use or structure created in violation of any preceding adopted city zoning ordinance remains a violation.

(Ord. No. 299 of 2011, § 801, 2-14-2011)

Class A nonconforming uses and structures are those which have been so designated by the planning commission, after application by any interested person or the zoning administrator. The planning commission shall find that the continuance thereof would not be contrary to the public health, safety, and general welfare, or to the spirit of this article; that the use or structure does not and is not likely to significantly depress the value of nearby properties; that the use or structure was lawful at the time of its inception; that it meets the standards set out in section 50-195; and that no useful purpose would be served by strict application of the provisions or requirements of this article with which the use or structure does not conform.

(Ord. No. 299 of 2011, § 802, 2-14-2011)

(a)

A written application shall be filed with the planning commission utilizing forms obtained from the zoning administrator, which shall include:

(1)

Name, address, e-mail address and telephone number of property owner and applicant if not same;

(2)

A legal description of the property or lot;

(3)

A site plan pursuant to sections 50-132 and 50-133;

(4)

An explanation describing the present nonconforming use or structure;

(5)

An explanation of any proposed addition or alteration to the uses or structures.

(b)

The planning commission shall consider said application, and shall issue written decision setting forth the findings and reasons on which it is based, pursuant to the standards identified in section 50-195. Conditions may be attached, including any time limit, where necessary to assure that the use or structure does not become contrary to the public health, safety, or welfare, or the spirit and purpose of this article.

(Ord. No. 299 of 2011, § 803, 2-14-2011)

A designated Class A nonconforming use or structure may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such Class A nonconforming use or structure shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this article, except with specific approval of the planning commission.

(2)

No such Class A nonconforming use or structure shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this article, except with specific approval of the planning commission.

(3)

No Class A nonconforming use or structure shall be extended to displace a permitted (conforming) use.

(4)

No Class A nonconforming use or structure shall be changed to another nonconforming use, except with specific approval of the planning commission. Before granting such approval, the planning commission shall determine that such change in use will have a less deleterious effect on neighboring properties than the existing nonconforming use.

(5)

No Class A nonconforming use shall be expanded to add another nonconforming use, except with specific approval by the planning commission. The proposed nonconforming use shall satisfy the standards as set out in section 50-195.

(6)

Structural alterations to Class A nonconforming uses which do not add to the bulk of the structure or increase the intensity of use of the structure are permitted without prior approval of the planning commission.

(Ord. No. 299 of 2011, § 804, 2-14-2011)

No Class A nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 18 months or if it has been changed to a conforming use for any period. No Class A structure shall be used, altered, or enlarged in violation of any condition imposed in its designation.

(Ord. No. 299 of 2011, § 805, 2-14-2011)

(a)

All nonconforming uses and structures not designated as Class A are considered as Class B. It is the purpose of this article to eliminate Class B nonconforming uses and Structures as rapidly as is permitted by law without payment of compensation. No Class B nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 18 months or if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the reproduction cost of such structure.

(b)

No Class B nonconforming structure shall be enlarged or structurally altered. No Class B nonconforming use shall be changed to a substantially different nonconforming use, nor enlarged so as to make use of more land area than was used at the time of becoming nonconforming. No Class B nonconforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception.

(Ord. No. 299 of 2011, § 806, 2-14-2011)

(a)

Any Class A nonconforming use or structure maintained or used in violation of this article is a nuisance per se. Whenever the zoning administrator determines that a violation of this article exists, said zoning administrator shall issue a notice of violation. Such notice shall be directed to each property owner of or a party in interest in whose name the property appears on the last local tax assessment records. All notices shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by regular mail, addressed to such owner or party in interest at the address shown on the tax records. An affidavit of mailing shall be maintained.

(b)

All violations of Class A nonconforming uses and structures shall be corrected within a period of time as specified on the notice of violation. A violation not corrected within this period shall be reported to the planning commission. The planning commission shall, upon receipt of said violation, schedule a public hearing in accordance with the procedures set out in section 50-243. Upon hearing the facts and information, the planning commission shall make its decision to consider revocation of the Class A designation in writing and set forth the findings and reasons on which it is based.

(Ord. No. 299 of 2011, § 807, 2-14-2011)

Any person aggrieved by the planning commission's granting or failure to grant a Class A status must appeal that decision to the zoning board of appeals within 30 days. The zoning board of appeals shall notify all affected parties and hold a public hearing on the appeal as specified in section 50-243.

(Ord. No. 299 of 2011, § 808, 2-14-2011)

(1)

Pre-existing residential dwellings are allowed in districts B-1, B-2, M-1 and I-1.

(2)

The city has determined that all residential dwellings which existed at the time of the adoption of the zoning ordinance from which this article is derived shall legally exist and that the non-conforming uses shall have the right to alter, enlarge or rebuild within their lots so long as said dwellings meet general regulations of article IV of this chapter for the R-1 and R-2 districts and any other requirements for the R-1 and R-2 districts.

(3)

The purpose of this section is to allow the residential dwellings in the above-mentioned zones to obtain financing which they would be unable to do should they not be able to rebuild in the event of fire or other natural disaster.

(Ord. No. 299 of 2011, § 809, 2-14-2011)