(a)

Within the zoning districts established by this article or its subsequent amendment, there exist:

(1)

Lots;

(2)

Structures;

(3)

Uses of structures;

(4)

Uses of land and structures in combination; and

(5)

Characteristics of use, which were lawful before the ordinance from which this article is derived was adopted or amended but which would now be prohibited, regulated or restricted under the terms of this article or its subsequent amendment.

(b)

Such instances shall hereafter be considered lawful nonconformities.

(Ord. No. 2850, § 1(8.500), 9-24-2012)

(a)

It is the intent of this article to recognize the legitimate interest of owners of lawful nonconformities by allowing such lawful nonconformities to continue but to control the expansion of the nonconformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed. At the same time, it is recognized that lawful nonconformities may substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this article. In order to secure eventual compliance with the standards of this article, it is therefore necessary to carefully regulate lawful nonconformities and to prohibit the re-establishment of such nonconformities that have discontinued.

(b)

To avoid undue hardship, nothing in this article 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 adoption or amendment of the ordinance from which this article is derived and upon which actual building construction has been carried on diligently. The term "actual building construction" includes the placement of construction materials in permanent position and fastened in a permanent manner.

(Ord. No. 2850, § 1(8.501), 9-24-2012)

For purposes of this section only, the effective date of the ordinance from which this article is derived shall be presumed to be September 24, 2012, or the date of annexation of the subject property, whichever is later. The reference shall include the effective date of any ordinance that amends this article, if the ordinance, rather than this article as originally adopted, creates a nonconforming situation.

(Ord. No. 2850, § 1(8.501-1), 9-24-2012)

It is the general policy of the city to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this article to continue to exist and be put to productive use but to bring as many aspects of such use into conformance with this article as is reasonably practicable, all subject to the limitations of this article.

(1)

Types of nonconformities. The regulations address the following types of nonconformities:

a.

Nonconforming use. A primary use of property existing on the effective date of the ordinance from which this article is derived that occurs when the property is used for a purpose or in any manner made unlawful by the use regulations or performance and design standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property.

b.

Nonconforming structures. Buildings and structures, not including signs, legally established prior to the effective date of the ordinance from which this article is derived that do not conform with the property development standards of the zoning district in which the use is located. The nonconformance may be attributed to size, nature of construction, location of the structure or building on the land or its proximity to another structure or building.

c.

Nonconforming site improvement. A nonconforming situation existing on the effective date of the ordinance from which this article is derived that occurs when a site improvement on a lot, including, but not limited to, parking areas, storm drainage facilities, sidewalks and landscaping, does not conform to one or more of the applicable zoning district regulations.

d.

Nonconforming situation. A situation that occurs when, on the effective date of the ordinance from which this article is derived, an existing lot, structure or improvement or the use of an existing lot, structure or improvement no longer conforms to one or more of the applicable zoning district regulations.

(2)

Authority to continue. Nonconformities shall be allowed to continue in accordance with the regulations of this article.

(3)

Burden of establishing nonconformity status. The owner, and not the city, shall bear the burden of establishing that nonconformity lawfully exists.

(4)

Repairs and maintenance. Minor repairs and normal maintenance required to keep nonconforming uses, nonconforming structures and nonconforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this article or required by law or ordinance. Minor repairs or maintenance shall be defined as costs that do not exceed ten percent of the structural value of a structure or site improvement.

(5)

Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing nonconformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such nonconformity.

(Ord. No. 2850, § 1(8.502), 9-24-2012)

Nonconforming uses shall be subject to the following standards:

(1)

Enlargement. No nonconforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on the effective date of the ordinance from which this article is derived and no additional accessory use, building or structure shall be established on the site of a nonconforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use on the effective date of the ordinance from which this article is derived.

(2)

Relocation. No nonconforming use shall be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.

(3)

Discontinuance and abandonment. If a nonconforming use ceases for any reason for a period of more than six consecutive months (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Code for the district in which such parcel or lot is located.

(4)

Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of its structural value prior to such destruction, that structure shall not be restored unless the structure and its use conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the building official. The term "structural value" shall be defined as the present-day cost of a structure or its replacement value if destroyed.

(5)

Change in use. The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the building official, with an appeal to the board of adjustment. A nonconforming use, if changed to a conforming use or less intensive nonconforming use, may not thereafter be changed back to a less conforming use than that to which it was changed.

(6)

Residential uses in nonresidential districts. The other provisions of this section notwithstanding, any structure that is devoted to a nonconforming residential use and that is located in a more restrictive district may be remodeled, extended, expanded and enlarged, provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

(7)

Accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use ceases or terminates.

(Ord. No. 2850, § 1(8.503), 9-24-2012)

Nonconforming structures shall be subject to the following standards:

(1)

Enlargement. Any expansion of a nonconforming structure that increases the degree of nonconformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The initial determination of whether a proposed expansion increases the degree of nonconformity shall be made by the building official with an appeal to the board of zoning adjustment.

(2)

Damage or destruction.

a.

In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 50 percent of its structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district in which it is located. The term "structural value" shall be defined as the present-day cost of a structure or its replacement value if destroyed. The determination of such reduced structural valuation shall be made by the building official.

b.

When a structure is damaged to the extent of 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained within three months and restoration is actually begun within six months after the date of such partial destruction. Exception: Lawful nonconforming structures that are single-family detached dwellings, duplexes or townhouses of not more than two laterally attached single-family dwellings or multifamily dwellings/townhouses not exceeding four units may be reconstructed to their former condition, dimensions and location on the lot, provided that the destruction was caused by an accident or act of God occurring after the adoption of the ordinance from which this article is derived. Such reconstruction shall not increase the degree of nonconformity that existed prior to the destruction. Reconstruction of the above specified lawful nonconformity, where permitted, must commence within six months of destruction. In such case where reconstruction does not commence within this limited time frame, the nonconformity will be considered abandoned and the structure shall only be reconstructed as a permitted use.

(3)

Relocation. Nonconforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.

(Ord. No. 2850, § 1(8.504), 9-24-2012)

(a)

Applicability. The types of other nonconformities to which this section applies include, but are not necessarily limited to: fence height or location; lack of or inadequate landscape buffers; lack of or inadequate landscaping; lack of or inadequate off-street parking; and other nonconformities not involving zoning district use or property development standards.

(b)

Enlargement or change in use. Where an addition, enlargement or change in use is proposed to an extent in excess of 50 percent of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Code.

(c)

Nonconformities created by public action. When lot area or setbacks are reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Code without resort to the board of adjustment.

(d)

Livestock. Raising and harboring livestock, as defined in section 50-4, on non-agricultural zoned property annexed into the city limits shall be permitted as a legal nonconforming use, provided:

(1)

There is no increase in the quantity of livestock animals on the property.

(2)

No other type of livestock is introduced onto the property.

(3)

Should the number of existing livestock decrease and is not replaced within 30 days' time, the new lower quantity of livestock is the maximum allowed as a legal nonconforming use.

(Ord. No. 2850, § 1(8.506), 9-24-2012; Ord. No. 2871, § 1(8.506), 11-25-2013)