The intent of this chapter is to accumulate provisions applying to all land and buildings within the incorporated area of the city into one section rather than to repeat them several times. (Ord. 2012-01, 7-10-2012; amd. Ord. 2024-02, 2-27-2024)

It is the intent of this title that noncomplying buildings, structures, or portions thereof and nonconforming uses shall not be increased nor expanded except where a health or safety official, acting in his/her official capacity, requires such increase or expansion. Such expansion shall be no greater than that which is required to comply with the minimum requirements as set forth by the health or safety official. Nevertheless, a noncomplying building or structure or use of land may be continued as provided in this subsection.

   A.   Permit Required: The City Council acting in its role as land use authority for this section shall deny or approve noncomplying buildings and nonconforming uses.

      1.   Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or future property owner.

      2.   A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.

      3.   For purposes of this subsection the addition of a solar energy device to a building is not a structural alteration.

   B.   The city may not prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure or use has been abandoned.

   C.   The city may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if:

      1.   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after the day on which written notice is served to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six (6) months; or

      2.   The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.

   D.   Notwithstanding a prohibition in this subsection, the city may permit a billboard owner to relocate a nonconforming billboard:

      1.   Within the city's boundaries to a location that is mutually acceptable to the city and the billboard owner; or

      2.   If the city and billboard owner cannot agree to a mutually acceptable location within 180 days after the day on which the owner submits a written request to relocate the billboard, the billboard owner may relocate the billboard in accordance with 10-2-6 Signs.

   E.   Presumption of legal existence for noncomplying structure or nonconforming use:

      1.   Unless the city establishes, by ordinance, a uniform presumption of legal existence for nonconforming uses, the property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use.

      2.   Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

   F.   Abandonment may be presumed to have occurred if:

      1.   A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the city regarding an extension of the nonconforming use;

      2.   The use has been discontinued for a minimum of one year; or

      3.   The primary structure associated with the nonconforming use remains vacant for a period of one year.

   G.   The property owner may rebut the presumption of abandonment under subsection F and has the burden of establishing that any claimed abandonment under subsection has not occurred.

   H.   Change To a Conforming Use:

      1.   A nonconforming use or noncomplying building may be changed to a conforming use or building.

      2.   Any nonconforming use or noncomplying building which has been changed to a conforming use or building shall not thereafter be changed back to a nonconforming use or noncomplying building.

      3.   Change To Another Nonconforming Use Prohibited: A nonconforming use or noncomplying building or lot shall not be changed to another nonconforming use or noncomplying building whatsoever. Changes in use shall be made only to a conforming use.

   I.   Reclassification Of Territory: The provisions pertaining to nonconforming uses of land and noncomplying buildings and structures shall also apply to land and buildings and structures which hereafter become nonconforming or noncomplying due to an amendment in this zoning title.

   J.   Permits Granted Prior To Passage Of The Ordinance Or Amendment Thereto: Notwithstanding the issuance of a permit therefor, no building which becomes noncomplying upon the passage of the ordinance codified herein, or which becomes noncomplying due to an amendment to the ordinance codified herein, shall be built unless construction has taken place thereon to the extent of at least five hundred dollars ($500.00) in replaceable value by the date on which the ordinance codified herein or said amendment becomes effective. Replaceable value shall be construed to mean the expenditure necessary to duplicate the materials and labor at market prices. (Ord. 2024-02, 2-27-2024)