The purpose of this Chapter is to provide for the regulation of nonconforming buildings, structures, site improvements, lots and uses and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, site improvements, lots and uses will be operated and maintained. This Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures, site improvements, lots and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Chapter to encourage actions that bring nonconforming uses into conformance with the City Code.

1. Legally conforming existing structures and uses in existence on the effective date of this Ordinance as denoted in Chapter 1 which become nonconforming to this Ordinance shall be considered legally nonconforming and shall be treated as follows:
   1. A legally nonconforming use is subject to all conditions for such use as outlined in this Ordinance and shall not be expanded to occupy a greater area of land or by intensifying the use.
   2. A structure which becomes nonconforming to a required setback or setbacks shall be viewed as a legally nonconforming structure.
2. With the exception of structures and uses that meet the requirements of Section 11.3 (A), any structure or use lawfully existing upon the effective date of this Ordinance as denoted in Section 1.4, may not be expanded, but may be continue, including through repair, replacement, restoration, maintenance, or improvement, unless:
   1. The nonconformity or occupancy is discontinued for a period of more than one year; or
   2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the Brown County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the building or structure shall not be restored except in conformance with the City Code.
3. Legal nonconforming situations shall be allowed to continue as long as they remain otherwise lawful, subject to the provisions of this Chapter. Nonconforming situations that were not lawfully in existence on the effective date of this Ordinance shall be prohibited.
4. Change of Tenant or Ownership. A change in tenancy, ownership, or management of any nonconforming situation shall be allowed, provided there is no change in the nature or character of such nonconforming situation, except as otherwise provided by this Chapter.
5. Nothing in this Ordinance shall prevent the placing of a structure into a safe condition when said structure is declared unsafe by the Building Official.
6. If a nonconforming building, structure, or use is moved for any reason, it shall thereafter conform to the regulations for the zoning district in which it is located.
7. Public Improvement Project Exception. When a municipal, county or state agency acquires land or property rights affecting the use or conformity of a private property, the Community Development Department may conduct the following actions:
   1. Conduct a Site Plan review of the remaining private property.
   2. If the remaining private property is determined to be legally nonconforming, a report will be sent to the City Council on the suitability of designating the property as being conforming as of the date of the acquisition of land or property rights.
   3. The City Council shall review the request pursuant to the procedures outlined in Section 2.4 (H).
   4. Improvements on the remaining private property shall be subject to nonconformity regulations.
   5. The Community Development Department shall record the resolution approving the request against the applicable property or properties.
8. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of the use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to physically expand or intensify the nonconforming use.
9. The repair, replacement, restoration, maintenance and improvement of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary repairs and incidental alternations which do not physically extend or intensify the nonconforming use.
   

1. A nonconforming use shall not be reestablished after discontinuance of the use for a period of one year or more.
2. Efforts to renovate or repair the use as allowed in this Chapter are not considered discontinuance, provided all appropriate permits and/or development approvals are obtained, and provided the renovation or repair is completed within one year from commencement of repair or renovation, and the use is re-established within one month from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within one year or to reestablish the use within one month following repairs or renovation shall constitute discontinuance, and a nonconforming use shall not be reestablished.
   

When any lawful nonconforming use of any structure or land in any zoning district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced.

Any proposed structure which will, due to an ordinance amendment, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of a new ordinance taking effect, may be completed in accordance with the approved plans provided construction is started within sixty (60) days of the effective date of the applicable ordinance, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use.

1. Vacant or Redeveloped Lots. With the exclusion of parcels within the Floodplain Overlay District established in Chapter 12 of the City Code, legal, nonconforming, vacant lots of record may be developed for single-family detached dwellings upon approval of a building permit under the following conditions:
   1. Legally Established. The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel.
   2. Allowed Use. Single-family residential dwellings are an allowed use within the base zoning district.
   3. Minimum Lot Size. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter. This provision shall apply even though the lot fails to meet the requirements for area, width or depth that are generally applicable in the zoning district; provided that, other requirements not involving lot dimensions or area of lot shall conform to the regulations for the district in which the lot is located.
   4. Access. The lot in question has frontage on and will directly access an improved public street.
   5. Health Concerns. Public health concerns (potable water and sanitary sewer) can be adequately addressed.
   6. Setback and Yard Requirements. The setback and yard requirements of the base zoning district can be achieved.
2. Developed Lots. An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Ordinance.
   

In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Chapter is upon the property owner of the nonconforming use, structure, or lot.

1. Signs existing on the effective date of this Ordinance, or any amendments thereto, that do not conform to the regulations of this Ordinance are deemed nonconforming and are subject to these regulations.
2. Nonconforming signs may be continued through normal repair, replacement, restoration, maintenance or improvement; no repair or reconstruction may be made that would create any new nonconformity or increase the degree of any previously existing nonconformity including by increasing the number of nonconforming signs, or the nonconforming sign area or height.
3. No nonconforming sign can be altered so that the nonconformity is increased or moved to a new location without being brought into compliance with the requirements of this Ordinance.