Uses, structures, and lots legally established before the adoption of this UDC may not conform to all of its requirements.

(Ord. 560 § 2(part), 2007).

In order not to cause undue economic hardship to owners of property, nonconforming uses and structures shall continue under the following conditions. For purposes of interpretation, "residential building or structure" shall be deemed to include both single family and multi-family buildings or structures.

A.

Existing nonconforming structures or uses cannot be enlarged or altered so as to increase their nonconformity with the provisions of the zoning classification within which they are located subject to the following provisions in relation to modification, repair or replacement set forth in the following Subsections B and C.

B.

Non-residential Building or Structure:

1.

An existing nonconforming non-residential building or structure that is damaged or destroyed by natural, accidental, or malicious causes to the extent of more than fifty percent of its replacement value, as determined by the building official, may be reconstructed to its original size, shape, configuration, and in conformance with the building code if reconstruction commences within one year of the damage, unless extended by the city council. Reconstruction must commence within one year of the fire or event which caused the damage and be complete within two years after commencement of construction. The landowner may apply in writing to the City Council for an extension of the time period within which to commence construction or complete reconstruction, such request being required to be [a] submitted to the Office of the Clerk-treasurer during the initial period and [b] approved by _______ in order to be allowed to utilize the modified time period.

2.

The owner of a non-residential structure or building may make modifications or improvements to the building or structure so long as [a] such modifications or improvements do not expand or modify its original size or exterior size or configuration and [b] such modifications or improvements do not significantly increase the degree of non-conformance.

C.

Residential:

1.

An existing nonconforming residential building or structure that is damaged or destroyed by natural, accidental, or malicious causes may be reconstructed to its original size, shape, configuration, and in conformance with the building code if reconstruction commences within one year of the event causing the damage, unless extended by the City Council. The landowner may apply in writing to the City Council for an extension of the time period within which to commence construction or complete reconstruction, such request being required to be [a] submitted to the Office of the Clerk-treasurer during the initial period and [b] approved by _______ in order to be allowed to utilize the modified time period.

2.

The owner of a residential structure or building may remove the existing structure or building and replace it with a new residential structure or building so long as all permits are obtained, the project meets all provisions of any applicable building code, and the entire project is completed within _______ months of the commencement of the demolition of the existing building or structure.

D.

If a nonconforming use is discontinued for one year or more for reasons other than those which make the provisions of Subsections B. and C. applicable, then that nonconforming use is no longer legal and subsequent uses and structures shall conform to this title

(Ord. 560 § 2(part), 2007).

(Ord. No. 617, § I, 1-30-2017)

A.

Any lot that existed before the effective date of the ordinance codified in this title and which is nonconforming as to area or dimension as required by the zoning district, is a legal building lot provided:

1.

The lot has at least twenty feet of frontage on a public street or access to a public street by way of a right-of-way or similar document on record with the county auditor;

2.

The lot satisfies all other regulations for the district and all other rules and regulations of the city.

(Ord. 560 § 2(part), 2007).

Any use existing before the adoption of the ordinance codified in this title that is nonconforming regarding the table of required spaces in Table 17.24.060-1 of this title and intends to expand shall be required to conform to the number of spaces required only for the expanded area.

(Ord. 560 § 2(part), 2007).