(a)

Within the districts established by this UDO or amendments thereto that may later be adopted there exist lots, structures and uses of land and structures which were lawful before this UDO was passed or amended, but which would be prohibited under the terms of this UDO or any future amendment.

(b)

It is the intent of this UDO to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this UDO that nonconforming uses shall not be enlarged upon, expanded nor extended, nor be used as a basis for additional structures or uses prohibited elsewhere in the same district.

(c)

Variances of area, width, and yard requirements may be granted by the Zoning Board of Appeals where necessary and where such addition does not create an unusual neighborhood building type.

(d)

To avoid undue hardship, nothing in this UDO shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this UDO and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

(Ord. No. 08-2019, § I, 6-3-2019)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this article, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, as officially recognized by the city, at the effective date of adoption or amendment of this UDO. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, if yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the provisions of this article.

(Ord. No. 08-2019, § I, 6-3-2019)

(a)

The lawful use of any building or structure or land existing at the time of the enactment or amendment of this article may be continued, even though such use does not conform with the provisions of this article, except that the nonconforming use shall not be:

(1)

Extended to occupy a greater area of land.

(2)

The nonconforming use must continue in the original building, structure or on land area that was originally occupied by the nonconforming use.

(3)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this UDO.

(4)

Reestablished after discontinuance for six months as based on available city records.

(5)

Changed to another nonconforming use.

(6)

Reinstated if it fails to obtain a new occupational tax certificate within six months of the closure of the previous non conforming use or renew an existing occupational tax certificate per the city's prescribed renewal schedule for existing occupational tax certificates.

(7)

A change in tenancy or ownership is not considered a change to another nonconforming use, provided that the use itself remains unchanged.

(Ord. No. 08-2019, § I, 6-3-2019; Ord. No. 08-2022, § I, 8-1-2022)

Where a lawful building or structure (excluding signs) exists at the effective date of adoption or amendment of this UDO that could not be built under the terms of these regulations and standards by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to maintain or improve its condition or to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this UDO.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(4)

Structures which are nonconforming due to front, side or rear yard requirements may be expanded or extended only in conformance with this UDO.

(Ord. No. 08-2019, § I, 6-3-2019)

(a)

The lawful use of a permanent sign existing at the time of the adoption of this article is derived may be continued in nonconformance with the requirement of this article, except that the nonconforming sign shall not be enlarged, altered, modified, improved or rebuilt. However:

(1)

A nonconforming sign may be repaired to the extent necessary to maintain it in a safe condition and neat and orderly appearance.

(2)

A change in the advertising message on the sign shall not constitute an alteration or modification of the sign.

(3)

Routine maintenance and changing of copy shall be permitted as long as such maintenance or changing of copy does not result in or change the shape, size or design.

(b)

No structural repair or change in shape, size or design, shall be permitted except to make a nonconforming sign comply with all requirements of this chapter or to render the sign structurally sound.

(c)

A nonconforming sign may not be removed by an act of the owner and later replaced by another nonconforming sign.

(d)

No sign variances are allowed.

(Ord. No. 08-2019, § I, 6-3-2019)

Any use for which a special use permit or a rezoning with conditions has been issued under a prior zoning code or ordinance shall not be deemed a nonconforming use but shall be deemed a conforming use in the district under the conditions required for the issuance and validity of the special use permit or rezoning.

(Ord. No. 08-2019, § I, 6-3-2019)

(a)

Work may be done on any nonconforming structure, or portion of a structure, containing a nonconforming use, on ordinary repairs, or on repair or replacement of load bearing or non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding fifty percent of the current replacement cost of the nonconforming structure or on conforming portion of the structure as the case may be, provided that the square footage or cubic content existing when it became nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(c)

Nothing in this UDO shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. No. 08-2019, § I, 6-3-2019)

(a)

Front yard requirements.

(1)

The front yard requirements of this chapter shall not apply on any lot where the average depth of the front yards of existing buildings on adjoining lots located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is either greater or less than the minimum required front yard depth.

(2)

If the average depth of the front yards is greater than the required minimum front yard depth, the depth of the front yard of such lot shall be the average of the front yards of such buildings but need not be greater than 150 percent of the required front yard depth.

(3)

If the average depth of the front yards is less than the required minimum front yard depth, the depth of the front yard of such lot may be less than the required front yard depth but shall not be less than the average of the front yards of such buildings.

(b)

Permitted encroachments upon required setbacks. Cornices, eaves, chimneys, landings, porches, bay windows or other similar architectural features may extend into the required front, side or rear yard setbacks, provided such extensions do not exceed three feet into the setback. Unenclosed decks and patios may extend into the side or rear yard setbacks but no closer than five feet from any property line. Steps and landings may extend into the required setbacks, provided such extensions do not exceed ten feet into the front yard setback. Steps and landings may extend into the rear yard setback, but no closer than five feet from the property line.

(Ord. No. 08-2019, § I, 6-3-2019; Ord. No. 08-2022, § I, 8-1-2022)