It is recognized that there exist certain buildings, structures, uses, and lots that were lawful before this ordinance was adopted, and which were legally established, but would be prohibited, regulated, or restricted under the current regulations of this ordinance. It is the intent of this ordinance to allow nonconforming lots, buildings and structures, and uses to continue until they are removed, but not to encourage their survival.

Nonconforming lots, buildings, structures, and uses are hereby declared by this ordinance to be incompatible with this ordinance and the districts in which they are located. It is the intent of this ordinance that, unless otherwise expressly permitted, nonconformities shall not be enlarged upon, intensified, expanded, or extended without proper approvals, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district or this ordinance.

(Ord. No. 19-635, 9-23-19)

A.

No building, structure, or part thereof shall be constructed, erected, moved, placed, maintained, reconstructed, used, extended, enlarged or altered, except in full conformity with the regulations herein specified for the zoning district in which it is located and this ordinance.

B.

No use shall be established on any lot, land or premises except in full conformity with the use regulations of the zoning district in which it is located and the requirements of this ordinance.

C.

No building or structure shall be established, constructed, or used on any lot, land, or premises except in full conformity with the regulations of the zoning district in which it is located and the requirements of this ordinance.

D.

Nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building for which a building permit was issued or on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently conducted. A building permit shall be valid only in the event that the construction that is the subject of the permit commences within 60 days after the date of issuance and shall be completed within one year of the issuance date.

E.

The city may acquire, through purchase or condemnation, nonconforming lots, uses, buildings and structures. The city council may take these actions in the manner as provided by law.

(Ord. No. 19-635, 9-23-19)

A.

If a nonconforming use is abandoned or does not occur for any reason for a period of 12 consecutive months or longer, any subsequent use shall fully conform to the requirements of this ordinance.

B.

A nonconforming use shall be considered abandoned if one or more of the following conditions exists, and shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

1.

Utilities, such as water, gas and electricity to the property, have been disconnected;

2.

The property, buildings, or grounds have fallen into disrepair;

3.

Signs, structures, or other indications of the existence of the nonconforming use have been removed;

4.

Delinquent taxes;

5.

Removal of equipment or fixtures that are necessary for the operation of the nonconforming use; or

6.

Other actions, which in the opinion of the zoning administrator constitute an intention on the part of the property owner, tenant, or lessee to abandon the nonconforming use.

C.

Uses that are nonconforming solely because of height, area, parking or loading provisions may be expanded provided that the zoning administrator determines that all of the following are applicable:

1.

For the purposes of this subsection, expansion shall include extension or enlargement of the use;

2.

All zoning district requirements (and other ordinance requirements) are satisfied with respect to the expansion;

3.

The expansion shall not substantially extend the life of any nonconforming use by reason of parking and loading provisions; and

4.

The nonconforming use is made more conforming or less nonconforming by the addition of parking and/or loading space. Thereafter any subsequent expansion of the nonconforming use or change in use will not be allowed if it requires even greater parking and/or loading space.

D.

A nonconforming use not addressed in subparagraph C, above, may be enlarged when authorized by the zoning board of appeals, subject to all of the following provisions:

1.

The enlargement, when allowed, shall not exceed 25 percent of the area devoted to a nonconforming use at the effective date of this ordinance or relevant amendment thereto.

2.

Any building used for the nonconforming use shall not be nonconforming or require a variance to effectuate the enlargement of the nonconforming use.

3.

That the expansion does not create, or make worse, any adverse effect on surrounding properties or the neighborhood.

4.

That the expansion does not intensify the use or unreasonably extend its probable duration.

E.

An existing nonconforming use may be changed to another nonconforming use provided that all of the following determinations are made by the zoning board of appeals:

1.

The proposed use shall be as compatible as or more compatible with the surrounding neighborhood than the previous nonconforming use.

2.

The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous nonconforming use, except as may otherwise allowed by this section.

3.

That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this ordinance.

4.

Once returned to a more conforming use, the previous nonconforming use shall be considered abandoned and may not be reestablished. Subsequent uses shall all conform to the requirements of the district.

(Ord. No. 19-635, 9-23-19)

A.

Any building or structure existing and lawful at the time of enactment of this ordinance, or amendments thereto, may be continued although the structure does not conform to the current provisions of this ordinance.

B.

Repairs and maintenance work may be made as are required to keep a nonconforming building or structure in a sound condition.

C.

In the event of fire, wind or an act of God or the public enemy damages any nonconforming building(s) or structure(s), it may be rebuilt or restored provided it meets the district requirements and the total costs of repair or restoration shall not exceed 75 percent of the taxable value of the building or structure before the building was damaged. The building inspector shall determine the cost of reconstruction.

D.

A nonconforming building may not be enlarged or altered in a way which increases its nonconformity, except when authorized by the planning commission, after public hearing as required for special uses. The planning commission shall be authorized to determine the amount of enlargement of any building or structure, consistent with the intent of this article. The nonconforming structure may be changed to an extent not exceeding 30 percent of the total floor area of the existing building at the time of enactment of the ordinance from which this chapter is derived, or at the time of its amendment making a structure nonconforming.

(Ord. No. 19-635, 9-23-19)

1.

If a nonconforming lot has less than the minimum required area, frontage, or width required for the zoning district in which it is located, the area, frontage, or width may be maintained, unless regulated by subparagraph 3, below, but shall not be made more nonconforming.

2.

Where a nonconforming commercial or industrial lot can provide the side and front yard requirements of its zone, the permitted uses of the district shall be allowed.

3.

Where a residential lot of record in lawful existence at the time of the adoption or amendment of this ordinance does not meet the minimum requirements for lot width, dimension, or lot area, such lot of record may be used for any purposes permitted by the district in which the lot is located, provided that the lot meets at least 80 percent of the required lot area, lot width, dimension, and side yard required by that district and further provided that any building or structure constructed on the lot complies with all other yard setback requirements.

4.

Where two or more nonconforming adjacent lots are in the same or similar ownership and each contain less than minimum required area, dimension, or width of the zoning district in which it is located, the lots shall be considered a single lot for zoning purposes. These lots may not be used individually but shall be deemed automatically combined to create a lot that conforms as closely as possible to the district regulations.

5.

A nonconforming lot may only be expanded if it is brought into closer conformity with the regulations specified for the zoning district in which it is located.

(Ord. No. 19-635, 9-23-19)

A.

Every permanent sign in lawful existence at the time of adoption of this ordinance which does not conform to the height, size, area, location, or other requirements of this ordinance is deemed nonconforming.

B.

Nonconforming signs may not be expanded, enlarged, or extended, but they may be maintained and repaired as allowed by this ordinance so as to continue their useful life.

C.

A nonconforming sign may be diminished in size or dimension, or the copy on the sign may be amended or changed, without adversely affecting the status of the sign as a nonconforming sign.

D.

Abandonment or destruction: If a sign loses its legal nonconforming designation or status, the sign (and all portions thereof) shall be removed immediately and shall not be repaired, replaced or rebuilt unless it fully complies with all requirements of this ordinance. A nonconforming sign shall lose its lawful nonconforming designation and status if the zoning administrator determines that any of the following is applicable:

1.

The sign is relocated, moved, rebuilt or replaced.

2.

The sign is destroyed. A sign shall be deemed destroyed if any of the following occurs.

a.

The sign is torn down or demolished;

b.

The sign is wrecked or ruined;

c.

Such damage has been done to the sign that it cannot be returned to its prior state by routine repair, but only by replacement or material rebuilding; or

d.

More than 50 percent of the face of the sign has been shattered, or a portion of the sign face touches the ground.

If a sign is destroyed, subsection F hereof (which applies only to repairs and maintenance) shall not be applicable.

3.

Even if a sign has not been destroyed, but damage or deterioration has occurred to the point of 50 percent or more as defined in subsection E, below, the sign shall be deemed to have lost its legal nonconforming status.

4.

The structure or size of the sign is altered in any material way other than a change of copy or normal maintenance which does not physically alter the sign.

5.

There is a material change in the use of the premises where the sign is located.

6.

A building permit is issued for any construction on the premises where the sign is located which increases the total building square footage by more than five percent or 5,000 square feet, whichever is less.

7.

The sign is abandoned.

E.

Repair. This subsection E shall not apply if a legal nonconforming sign has been destroyed, since a destroyed sign automatically loses its legal nonconforming designation and status. If a legal nonconforming sign suffers 50 percent or more damage, destruction, or deterioration, it must be brought into full compliance with this ordinance or be removed. In order to determine whether or not a sign has been damaged or has deteriorated by 50 percent or more, the costs of physically repairing the sign shall be compared to the costs of physically replacing the sign. If less than 50 percent damage or deterioration has occurred pursuant to such comparison, the sign may be repaired to its exact original state.

(Ord. No. 19-635, 9-23-19)

The burden of proof for establishing or proving the existence or any aspect of a lawful nonconforming structure, lot or use (as well as the size, scope, intensity, and extent thereof) is on the owner of the property involved.

(Ord. No. 19-635, 9-23-19)