It is recognized that there exists within zoning districts certain buildings, structures, uses, and lots which were lawful before this Ordinance was adopted (or amended), and which would be prohibited, regulated, or restricted under the terms of this Ordinance. It is the intent of this Ordinance to permit nonconforming lots, buildings, structures, and uses to continue until they are removed or abandoned, but not to encourage their survival.

Nonconforming lots, buildings, structures, and uses are declared by this Ordinance to be incompatible with permitted uses in the zoning districts in which they are located. It is the intent of this Ordinance that these nonconformities shall not be enlarged, intensified, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the zoning district, and shall gradually be eliminated over time.

(Ord. No. 2022-04, Art. I, 9-12-2022)

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 any other applicable regulations in 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 any other applicable regulations in this Ordinance.

C.

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

D.

Nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual construction has been commenced and diligently conducted.

E.

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

(Ord. No. 2022-04, Art. I, 9-12-2022)

A.

The lawful use of any land or premises exactly as it existed at the time of enactment of this Zoning Ordinance, or relevant amendment thereto, may be continued although the use does not conform to the current provisions of the Zoning Ordinance. No such nonconforming use shall be expanded, intensified, extended or enlarged.

B.

If a nonconforming use is abandoned or if any nonconforming use ceases for any reason for a period of six (6) months or longer, any subsequent use shall fully conform to the requirements of this Ordinance.

C.

A nonconforming use shall be considered abandoned if one (1) or more of the following conditions exists, and shall be deemed to constitute 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, and grounds, have fallen into disrepair;

3.

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

4.

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

5.

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

(Ord. No. 2022-04, Art. I, 9-12-2022)

A.

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

B.

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

C.

If a building or structure is lawfully nonconforming because one or more parts thereof violate a setback requirement but the use of the building or structure complies with the zoning district within which the property is located (as well as all other applicable requirements of this Ordinance), the building or structure may be extended or enlarged or increased in height or size so long as any and all portions of such expansion, extension or height or size increase meet all applicable setback, height and other requirements of the zoning district in which the property is located and other requirements of this Ordinance.

D.

In the event fire, storm, wind or an act of God or the public enemy shall damage any nonconforming building(s) or structure(s), it may be rebuilt or restored provided the cost thereof shall not exceed one half of the replacement cost of the building or structure after the rebuilding or restoration. The Building Inspector shall determine the cost of reconstruction.

E.

In the event any nonconforming building(s) or structure(s) shall be damaged by fire, wind or an act of God or the public enemy and the cost of rebuilding or restoration exceeds one half of the replacement cost of the building(s) or structure(s) after rebuilding or restoration (as determined by the Building Inspector), the buildings or structures shall be built in full conformance with the requirements of the zoning district in which they are located (and any other applicable ordinance requirements), unless the Zoning Board of Appeals permits the rebuilding or restoration of the building or structure. The approval of the Zoning Board of Appeals shall be granted only upon finding that both of the following are true:

1.

That the rebuilding or restoration will not substantially extend the probable duration of the nonconforming building or structure; and

2.

There are circumstances that the land previously occupied by the nonconforming building or structure does not permit the reasonable and complying construction of the new building or structure.

F.

Buildings or structures nonconforming solely because of height, area, parking or loading provisions only may be expanded provided that the Zoning Board of Appeals determines that all three (3) of the following occur. Expansion shall include extension, enlargement, alteration or modernization.

1.

All development requirements are satisfied with respect to the expansion;

2.

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

3.

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

(Ord. No. 2022-04, Art. I, 9-12-2022)

A.

If a lot has less than the minimum required area, width, size, or dimension required for the zoning district in which it is located, the area or dimension may be maintained but shall not be further divided or reduced.

B.

Existing Platted Lots

1.

Where a nonconforming platted lot has an area of not less than ninety (90) percent of its zoning district requirements and where the lot can provide the side and front yard requirements of its zone, the permitted uses of the zoning district shall be allowed.

2.

A nonconforming platted lot, in single ownership, of less than ninety (90) percent of its zoning district requirements may be utilized for permitted uses, and the required side and front yards may be reduced by the same percentage the area of the lot bears to its zoning district requirements, provided that no side yard provision may be reduced to less than seven (7) feet, and no front yard shall be less than twenty (20) feet and that all off-street parking requirements are also met.

C.

Adjacent Lots in Common Ownership

1.

No adjoining lot or lots in common ownership shall be so divided, altered, split or reduced in size or area so as to make the area or dimension less than the minimum specified for the zoning district in which it is located.

2.

If two or more lots or combination of lots or portions of lots are located adjacent to each other or have continuous frontage and are held or owned in a single ownership of record, one or more of the lots are vacant (i.e. no principal building thereon) and if all or part of such lots do not satisfy the minimum requirements for lot width, lot area, street frontage, water frontage, or other dimension required by this Ordinance, then such lots are deemed automatically combined for zoning purposes so as to create one conforming lot or to create one nonconforming lot that is more conforming than the individual, smaller nonconforming lots. Additionally, once nonconforming lots or parcels of land are combined hereunder automatically or by deed, land contract or other written instrument, they shall not thereafter be split, re-divided or otherwise reduced in area unless all of the resulting lots or parcels of land comply with all of the lot area and dimension requirements of the zoning districts in which such lots or parcels of land are located as well as other applicable requirements of this Ordinance. This subsection applies whether platted lots or unplatted lost are involved.

3.

In the event that two (2) or more adjacent lots are in single ownership, the Zoning Board of Appeals may permit their use as separate lots having less than the required lot area if it shall be determined that all of the following are met:

a.

There is no practical possibility of obtaining additional land.

b.

The lots can be so used without adversely affecting the character of the neighborhood.

c.

No side yard provision is reduced to less than seven (7) feet.

d.

Off-street parking requirements are met.

4.

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. 2022-04, Art. I, 9-12-2022)

In any case where plans and specifications for a building or structure have been filed with the City, which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this Ordinance thereafter, and where a building permit for such building or structure has been issued and construction work started at or before the effective date of this Ordinance, then such work may proceed provided it is completed within one (1) year of said date.

(Ord. No. 2022-04, Art. I, 9-12-2022)

A.

Burden of Proof

The burden of proof for establishing or proving the existence, type 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.

B.

Unlawful Expansion or Extension

If any lawful nonconforming lot, use, structure or building is expanded, extended, changed or intensified without prior City approval or in violation of this Ordinance, its lawful nonconforming status shall be deemed abandoned and the lot, use, structure or building shall fully conform and comply fully with this Ordinance.

C.

No unlawful lot, structure, use or building shall be or become a lawful nonconforming use, lot, building or structure despite the passage of time.

(Ord. No. 2022-04, Art. I, 9-12-2022)