(a)

Residential districts.

(1)

In any residential district, notwithstanding any other provision of this chapter, a single-family detached dwelling which complies with the restrictions in subsection (a)(2) of this section may be erected on a lot that is not less than 35 feet fronting on a public right-of-way or private street and that consists entirely of a tract of land that:

a.

Has less than the prescribed minimum lot area or minimum average dimension or both, for the district;

b.

Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning chapter; and

c.

Has remained in separate and individual ownership from adjoining tracts of land continually during the entire time that creation of such lot has been prohibited by the applicable zoning chapter or chapters.

(2)

Construction permitted by subsection (a)(1) of this section shall comply with all of the provisions, except lot area and/or minimum average dimension applicable; provided, however, that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable:

a.

The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling;

b.

The sum of the widths of the two side yards on each lot shall be not less than 25 percent of the width of the lot; or

c.

No side yard shall be less than ten percent of the width of the lot and in no case less than five feet, except in a district allowing zero lot line development (row houses, patio houses, duplexes), in which case the regulations of the district shall apply.

(b)

Nonresidential districts. In any district other than a residential district, notwithstanding any other provision of this chapter, a building entirely devoted to office use may be located on a lot that is not less than 40 feet in width and that consists entirely of a tract of land that:

(1)

Has less than the prescribed minimum lot area or minimum average dimension or both for the district;

(2)

Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by this chapter; and

(3)

Has remained in separate and individual ownership from adjoining tracts of land continually during the entire time that creation of such lot has been prohibited by this chapter.

(Ord. No. 4062, § 906.01, 10-14-1980; Ord. No. 6050, § V, 7-9-2024)

(a)

Authority to continue. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued, so long as it remains otherwise lawful, subject to the restrictions in subsections (b) through (d) of this section.

(b)

Enlargement, repair, alterations. Any such structure described in subsection (a) of this section may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except that structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be as determined by section 56-1061(a)(2) or (b), whichever is applicable.

(c)

Decayed, damaged or destroyed.

(1)

In the event that a nonconforming structure is decayed, damaged or destroyed, by any means, to the extent of more than 50 percent of its replacement cost, such structure shall not be restored unless it shall thereafter conform to the provisions for that zoning district in which it is located, provided that a structure located on a nonconforming lot of record may be restored in accordance with requirements for construction set forth in section 56-1061.

(2)

When a structure is decayed, damaged or destroyed to the extent of between 25 and 50 percent of replacement cost, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date such partial destruction occurred and is diligently pursued to completion.

(d)

Moving. No structure described in subsection (a) of this section shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.

(Ord. No. 4062, § 906.02, 10-14-1980)

(a)

Authority to continue. Any lawful existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land may be continued, so long as otherwise lawful, subject to the provisions contained in subsections (b) through (j) of this section.

(b)

Ordinary repair and maintenance.

(1)

The following normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, however, that this subsection shall not be deemed to authorize any violation of subsections (c) through (i) of this section:

a.

Repair, replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing;

b.

Replacement or installation of floor covering, wall covering or paint, ceiling materials, or lighting; or

c.

Any repair, maintenance, replacement or installation required to comply with applicable federal, state or local laws or ordinances.

(2)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of section 56-1062).

(c)

Remodeling. No structure that is devoted in whole or in part to a nonconforming use shall be remodeled, unless the entire structure and use thereof shall thereafter conform to all provisions of the zoning district in which it is located.

(d)

Extension. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:

(1)

Extension of such use to any structure or land area other than one occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming).

(2)

Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming); provided, however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(3)

Operation of such nonconforming use in such manner as to conflict with, or to further conflict with if already conflicting on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment hereto that results in such use becoming nonconforming), any performance standards established for the district in which such use is located.

(e)

Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless such structure and the use thereof shall thereafter conform to the provisions of the district in which it is located.

(f)

Decayed, damaged or destroyed.

(1)

In the event that any structure that is devoted in whole or in part to a nonconforming use is decayed, damaged or destroyed by any means to the extent of more than 50 percent of its replacement cost, such structure and use thereof shall thereafter conform to all the regulations of the zoning district in which it is located.

(2)

When such damage, decay or destruction is between 50 and 25 percent of replacement cost, no repairs or restoration shall be made, unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(g)

Moving. No structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless the entire structure and use thereof shall thereafter conform to all provisions of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all provisions of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless such use shall thereafter conform to all provisions of the zoning district in which it is located after being so moved.

(h)

Change in use. A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use.

(i)

Abandonment or discontinuance. When a nonconforming use of land is discontinued or abandoned for a period of six consecutive months (regardless of any reservation of intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land or building shall comply with the provisions of the zoning district in which such land is located.

(j)

Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(k)

Nonconforming residential. Notwithstanding the provisions of subsections (d) and (e) of this section, any structure which is devoted exclusively to a residential use and which is located in a business or manufacturing district may be remodeled, extended, expanded and enlarged; provided that, after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to work.

(l)

Nonconforming use of an existing structure. Notwithstanding provisions of section 56-848 and subsections (h) and (i) of this section, upon the recommendation of the plan and zoning commission, the council may issue a conditional use permit for a nonconforming use of an existing structure, if, following a public hearing, the city council shall determine that:

(1)

The proposed use is consistent with the design, construction and original intended use of the structure; and

(2)

The proposed use serves a community need, and no detrimental effect will be made upon the character of the zoning district in which the conditional use is proposed.

The council may limit the term of the conditional use permit. The granting of a conditional use permit shall not be construed as continuing the nonconforming use beyond the term of the permit, nor extended to any other nonconforming use nor to any other occupant or use.

(Ord. No. 4062, § 906.03, 10-14-1980; Ord. No. 4200, § 1, 2-26-1985; Ord. No. 4280, § 1, 1-27-1987; Ord. No. 4647, § 6, 5-24-1994; Ord. No. 4858, § I, 11-10-1998)

(a)

Status of existing conditional uses. Where a use exists at the effective date of the ordinance from which this section is derived and is permitted by this section only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming conditional use in such zoning district, unless there is a failure to comply with the conditions of use.

(b)

Status of future conditional uses. Any use for which a conditional use permit has been issued as provided in article IV, division 6 of this chapter shall not be deemed to be a nonconforming use but shall, without further action, be deemed a lawful conforming use, unless there is a failure to comply with the conditions of use.

(c)

Termination of conditional uses. Any use for which a conditional use permit has been issued as provided in article IV, division 6 of this chapter shall, upon termination of said use, return to the designated zoning district and shall be subject to the regulations of that district.

(Ord. No. 4062, § 906.04, 10-14-1980)