This section places restrictions on the use and development of land by establishing minimum standards. In many instances, land and improvements were developed or proposals for the use of land were initiated prior to the adoption of this Ordinance. These uses may not meet the minimum standards contained in this Ordinance because they were developed under no specific standards or under standards which were less restrictive. The City Council recognizes that the strict application of these standards to such uses may create certain hardships for the property owner. The City Council also recognizes that these uses may be allowed to continue in use in accordance with the spirit of this Ordinance even though not meeting the Ordinance standards. Therefore, the uses or situations described below are accorded a nonconforming status with all the specific privileges and limitations set forth to govern their existence.

A nonconforming lot is a lot which does not conform to the size requirements of this Ordinance for the district in which it is located, either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated in this Ordinance.

A nonconforming vacant lot may be used for any of the uses permitted by this Ordinance in the district in which it is located if the use of the lot meets the following standards:

8-2.1

The minimum requirements for front, side and rear yards, height of structures, and unobstructed open space for the particular district must be met;

8-2.2

Two-family and multifamily dwellings must meet the minimum lot standards in Section 13-1;

8-2.3

The lot in question does not abut a lot which could be combined with it to make it conforming which is under common ownership;

8-2.4

A legally recorded plat or deed shall be required prior to obtaining any building permits.

A nonconforming structure is a structure which does not meet the minimum requirements for area, front, side or rear yard setbacks, height requirements or which exceeds the allowable lot coverage for the district in which it is located. A nonconforming structure may be improved or expanded in accordance with the following standards:

8-3.1

Any improvement or expansion of any nonconforming structure on sides meeting minimum setbacks must also comply with the minimum setback requirements of the Ordinance for front, side and rear yard for the district in which the lot is located. Improvements or expansion of any nonconforming structure on sides not meeting minimum setbacks may be allowed provided, the addition encroaches no closer to the property line than the existing (nonconforming) outside wall of the original structure. In no case may maximum lot coverage or height limits be exceeded. Adding additional living space on a second floor within existing exterior dimensions is not considered as increasing the nonconformity even if the exterior dimensions do not meet the current setback requirements.

8-4.1

No special use permit required from the Board of Adjustment. The rebuilding, reconstruction, restoration, or replacement of any zoning nonconforming structure which was damaged or partially destroyed by: the exercise of eminent domain; man-caused acts such as fire, accident, explosion; or flood, lightning, wind, or other calamity or natural act, does not require a special use permit if all of the following are met:

(A)

The cost of rebuilding, reconstructing, or restoring is less than seventy-five (75) percent of the replacement cost of the original nonconformity as determined at the time such damage or destruction occurred.

(B)

The nature and degree of the nonconforming use or structure is not expanded, changed, or increased from that which existed prior to the damage or destruction, except as provided in Section 8-3.

(C)

A completed application for a building permit to substantially rebuild, reconstruct, or restore the nonconformity is submitted to the building inspections department within one (1) year of the date the nonconformity was damaged or destroyed.

8-4.2

Special use permit required from Board of Adjustment. The rebuilding, reconstruction, or restoration of any zoning nonconforming structure which was damaged or partially destroyed by: the exercise of eminent domain; man-made acts such as fire, accident, explosion; or flood, lightning, wind, or other calamity or natural act, requires a special use permit from the Board of Adjustment if one (1) or more of the following apply.

(A)

The cost of rebuilding, reconstructing, and restoring is seventy-five (75) percent or more of the replacement cost of the original nonconformity as determined at the time such damage or destruction occurred.

(B)

A completed application for a building permit to substantially rebuild, reconstruct, or restore the nonconformity has not been submitted to the building inspection department within one (1) year of the occurrence of the damage or destruction.

Permission may be granted for the restoration of a nonconforming structure if the Board of Adjustment finds from the evidence that the provisions of Subsection 3-7.2 are met.

A nonconforming use is a use which existed prior to the adoption of this Ordinance or an amendment thereto, which would not be permitted by this Ordinance or an amendment thereto in the district in which it is located. This type of use may be continued subject to the following limitations:

8-5.1

Maintenance and repairs which are necessary to keep a structure which houses a nonconforming use in a safe and sound condition must be carried out in a timely manner;

8-5.2

Junk, scrap paper or metal, waste, discarded or salvaged material, including abandoned automobiles, shall not be considered a legal nonconforming use.

8-6.1

Not more than one hundred eighty days has elapsed. Reusing or restarting a zoning nonconforming use which visibly ceased or was abandoned, discontinued, or unused for a continuous period of less than one hundred eighty (180) days is allowed, provided that the nature and degree of the nonconformity will not be changed or increased from that which existed before the nonconformity became visibly abandoned, discontinued, unused or unoccupied or ceased.

8-6.2

More than one hundred eighty days has elapsed. Any nonconforming use which has been visibly discontinued, unused, abandoned or ceased for a continuous period of one hundred eighty (180) days or more is not allowed thereafter to resume or restart. If a site where the nonconforming use has being (been) actively offered for sale during the 180-day period and has not been sold, the Land Use Administrator may grant one (1) additional 180-day continuance from the date the nonconforming use was visibly abandoned, discontinued, became unused, unoccupied, or ceased provided the request for extension was made prior to the expiration of the initial 180-day period. The only use permitted thereafter is a use which will conform to the use regulations in the zoning district.

The expansion, extension or alteration of a nonconforming use may be permitted if the Board of Adjustment issues a special use permit pursuant to Section 3-7.2.

The change of an existing nonconforming use to another nonconforming use may be allowed by a special use permit issued by the Board of Adjustment, provided, however, that the new use will have no greater adverse effect on the surrounding property than the existing use. Once a nonconforming use of a structure has been changed to a conforming use, there shall not be a return to any nonconforming use.

Any structure or use which becomes nonconforming as a result of a change in a zoning classification or district boundary or by a change in the provisions in the Ordinance will be subject to the provisions of this section.