Nonconformities are classified as lots; uses of land without structures or with minor structures only; uses of major structures and premises; structures; and characteristics of uses which were lawful but would be prohibited, regulated or restricted by the enactment of this chapter or a subsequent amendment thereto. Nonconformity may also be created where lawful public taking or auctions pursuant to a court order have the same effect as violations of this chapter, if undertaken privately.

(Code 1972, § 26-9.1; Ord. No. 91.53, 10-16-1991)

(a)

It is the intent of this chapter to require the cessation of certain nonconformities and to permit others to continue until they are removed or cease, but not to encourage their survival.

(b)

It is further the intent of this chapter that nonconformity shall not be used as grounds for addition of other prohibited uses or structures on the site or in the area, nor the enlarging by means or structures on the site or in the area, nor the enlarging by means of extension of expansion, except as specifically provided by this chapter.

(c)

All rights and obligations associated with a nonconforming status run with the land and are not personal to the present ownership or tenant of the land, and are not affected by a change in ownership or tenancy, unless abandoned. (See sections 102-386 and 102-387(c).)

(Code 1972, § 26-9.2; Ord. No. 91.53, 10-16-1991)

It is the intent of this chapter that nonconforming uses be considered incompatible with the permitted uses within the districts. Such nonconforming uses shall not be intensified, enlarged or extended in any respect.

(Code 1972, § 26-9.3; Ord. No. 91.53, 10-16-1991)

Any existing use which would require special use permit approval under the terms of this chapter shall be deemed a conforming use. However, enlargement, replacement or modification of such a use shall require approval of a special use permit application, as though it were a new use.

(Code 1972, § 26-9.4; Ord. No. 91.53, 10-16-1991)

(a)

Use of single nonconforming lots for a single-family dwelling. In residential districts, a single-family dwelling and customary accessory structures may be erected, occupied and used on a separate, nonconforming lot of record, which is not in continuous frontage with other lots in the same ownership (except as provided in subsection (c) below) in accord with other requirements applying in the district in which the lot is situated.

(b)

Use of single nonconforming lots for nonresidential uses. In other than residential districts, a nonconforming lot of record, which is not in continuous frontage with other lots in the same ownership (except as provided in subsection (c) below), may accommodate uses permitted within that district in accord with other requirements applying in that district.

(c)

Rules concerning combination of contiguous nonconforming lots in same ownership and with continuous frontage; exception.

(1)

Combination required where nonconforming status was created at enactment or amendment of this chapter. Where two or more nonconforming lots in single ownership and with continuous frontage exist, they shall be considered a single zoning lot and a zoning clearance permit authorizing their use shall only be issued when the lot area and lot width requirements for the district in which the lots are located are satisfied, except as provided in subsection (2) below. Full setback requirements shall apply to all of the newly created combined lots.

(2)

Exception, 85 percent rule applicable where three lots or less are created. Where land in single ownership, at the time of passage of this chapter, and in continuous frontage is of sufficient width and area to provide at least 85 percent of the width required for three lots or less, it may be used or divided to provide no more than three lots,, each with at least 85 percent of the width required in the district in which they are located. Full setback requirements shall apply to all of the newly created combined lots.

(3)

Rules for other combinations of lots. Land in single ownership and common frontage of greater dimension than in subsection (2) above, if divided, shall conform to all applicable district regulations, except that in the division, one remaining lot may have no less than 85 percent of width generally required. Full setback requirements shall apply to all of the newly created combined lots.

(4)

Combination not required where nonconformity created by public or court order. Where the nonconforming lots were created by the exercise of the power of eminent domain or threat thereof, or as a result of a court order, combination of the lots shall not be required.

(Code 1972, § 26-9.5; Ord. No. 91.53, 10-16-1991)

(a)

Nonconforming uses of land not involving any permanent structure with a replacement cost of more than $2,000.00 or a combination of permanent structures with a replacement cost not exceeding $5,000.00, as determined by the planning director, shall cease within two years of the adoption of this chapter, or any amendment which shall cause such uses to assume nonconforming status.

(b)

In making determinations regarding replacement costs, the planning director shall use the Dodge Reports, Marshall Swift, or their successors, as a basic reference.

(c)

Prior to termination, the following limitations shall apply:

(1)

There shall be no enlargement, increase in intensity or alterations to the use, its permanent structure or both.

(2)

If the use ceases for more than 90 consecutive days or a total of 180 days in a one-year period, subsequent use of the premises shall conform to the district regulations.

(3)

No such use shall be relocated or moved to any portion of the lot other than that occupied at the time that nonconforming status was created.

(4)

No such land shall be subdivided nor any structure added, except for purposes and in a manner conforming to district regulations. Subdivision, however, which does not increase the degree of nonconformity shall be permitted.

(Code 1972, § 26-9.6; Ord. No. 91.53, 10-16-1991)

(a)

Nonconforming use of structures with a value higher than specified in section 102-386, or of such structures and premises in combination, may be continued, provided:

(1)

Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district in which located, except as provided in subsections (2) and (5) below.

(2)

A nonconforming use may be extended through portions of a building manifestly arranged or intended for such use, but not otherwise extended, and shall not extend to occupy land outside such building or any additional building not used for such nonconforming use at the time that nonconforming status was established.

(3)

If a nonconforming use ceases for a total of more than 180 days in any consecutive two-year period, subsequent use shall conform to the regulations of the district in which located.

(4)

When a building or structure devoted to a nonconforming use is damaged or deteriorated, as determined by the planning director, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building, if restored, shall thereafter be devoted to conforming uses.

(5)

Any nonconforming single-family dwelling may be altered, repaired, enlarged or replaced with a single-family dwelling, provided that the altered or replaced structure meets the dimensional requirements of this chapter for the district in which it is located.

(b)

A nonconforming manufactured home may be replaced if the replacement structure is a Class A manufactured home, as defined by this chapter.

(c)

A single-family dwelling may be replaced with either a Class A or Class B manufactured home if manufactured homes are a permitted use in the district, or the nonconforming use is a manufactured home, or the nonconforming use is located in a business or industrial district.

(Code 1972, § 26-9.7; Ord. No. 91.53, 10-16-1991)

A structure, other than signs, which is nonconforming due to noncompliance with the dimensional requirements of the official schedule of district regulations of this chapter, and which is used for a use permitted in the district in which it is located, may remain, provided:

(1)

That any structural change to the structure shall not increase the degree of nonconformity. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted.

(2)

A nonconforming structure, or a portion thereof, if damaged, deteriorated or destroyed to the extent of more than 60 percent or more of its current assessed valuation, may only be reconstructed in accordance with the regulations of the district in which it is located.

(3)

Routine repairs and maintenance of a nonconforming structure, fixtures, wiring and plumbing or the repair or replacement of walls shall be permitted.

(Code 1972, § 26-9.8; Ord. No. 91.53, 10-16-1991)

(a)

The planning director, within 12 months of the effective date of this chapter, shall cause an inventory to be made of all signs not meeting the requirements of this chapter. This inventory, which shall include all land within the zoning jurisdiction of the city, shall contain the location and a description of the sign and the name and address, as contained in the current tax roll, of the owner(s) of the lot on which each sign is located. Additionally, for each sign, the planning director shall note the reasons for the determination that each sign falls under the provisions of this section.

(b)

Upon completion of the inventory, the planning director shall notify by first class mail the owner(s) of the lot upon which each sign is located of his determination that such sign falls within the provisions of this section. Such notice shall also include a copy of this section, along with the name and official address of the planning director.

(c)

Within one year of the date of the mailing of such notice, each sign which does not comply with the provisions of section 102-344 shall either be altered in such a way as to bring it into compliance or removed by the owner of the property.

(d)

Within five years of the mailing of such notice, all other signs not in compliance with other provisions of this chapter shall either be so altered as to bring them into compliance or be removed by the owner of the property.

(Code 1972, § 26-9.9; Ord. No. 91.53, 10-16-1991)

Nonconforming characteristics of use, which may include, by way of illustration but not limitation, inadequate parking and loading facilities, inappropriate landscaping, lighting, emissions, etc., may continue to operate, but shall not be expanded, altered, changed or relocated in such a manner to increase the degree of nonconformity.

(Code 1972, § 26-9.10; Ord. No. 91.53, 10-16-1991)

Nonconforming structures, or portions thereof, which are declared unsafe by the building inspector or other competent authority, may be repaired and restored, except as provided in sections 102-387(a)(4) and 102-388(2).

(Code 1972, § 26-9.12; Ord. No. 91.53, 10-16-1991)

Repairs and maintenance on any structure devoted, in whole or in part, to a nonconforming use, may be done in any period of 12 consecutive months by ordinary repairs, or by repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Code 1972, § 26-9.13; Ord. No. 91.53, 10-16-1991)