In any district any use which is permitted may be allowed on any single lot of record at the effective date of adoption or amendment of this ordinance. 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, provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment.

Where open land is being used for a nonconforming use such use shall not be extended or enlarged either on the same or adjoining property.

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this ordinance may be continued although such use does not conform to the provisions hereof. No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity. If no structural alterations are made, a nonconforming use of a building may be hereafter extended throughout a building which was lawfully and manifestly arranged or designed for such use at the time of the enactment of the ordinance.

No building or land or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which it is located.

No building which has been damaged by any cause whatsoever to the extent of more than 50 percent of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of the ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed to its original size and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

In cases of doubt and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the board of adjustment. The burden of proof regarding the existence of a non-conforming use is on the property owner seeking recognition of such use status.

If no alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use provided that the board of adjustment shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. such request shall follow the same administrative course as application for a conditional use.

A nonconforming use in violation of a provision of the ordinance which this ordinance repeals shall not be validated by the adoption of this ordinance.

"Use" does not refer to general activity or conduct on property which may be subject to regulation pursuant to state law or local ordinance. nothing in this article shall be construed as conferring or recognizing non-conforming use status for nuisance conditions, illegal activity, or for other activity which may be regulated by a municipality's police power to secure the general health and welfare of the municipality.

A.

Existing convenience store with fuel pumps and truck stop

1.

All existing convenience stores with fuel pumps and truck stops referred to in this Article are defined as those currently in operation having obtained a certificate of occupancy and business license as of January 17, 2025.

2.

Existing convenience stores with fuel pumps and truck stops meeting the requirements of Article V, Section 16 Special Regulations for Convenience Stores with Fuel Pumps and Truck Stops shall be considered a conforming use, or otherwise may be considered a legal nonconforming use subject to Article IX., Sections 1-10.

3.

Any existing convenience stores with fuel pumps and truck stops shall be required to obtain a conditional use permit and meet locational criteria and design specifications to enlarge or expand, unless the vesting provisions (Sec. 11. B. 1-5) are otherwise met.

B.

It is recognized that there are convenience stores with fuel pumps and truck stops that are proposed to be newly built or seeking to expand in stages of planning, review, permitting, or construction as of January 17, 2025, which are henceforth referred to as "projects." To vest a project from the requirement to obtain a conditional use permit and to meet locational criteria and design specifications, the following steps are mandated.

1.

Project shall be on a lot that has received Preliminary Plat approval by June 30, 2025 and Final Plat approval and lot recordation by September 30, 2025.

2.

Project shall have obtained administrative approval of Final Civil Site and Landscape Plans, Architectural Elevations and a Lighting Plan issued by the City's Planning and Engineering Departments by December 31, 2025.

3.

Project shall have obtained a Building Permit by March 31, 2026.

4.

Upon obtaining a Building Permit and commencing construction, projects shall be completed by passing a Final Building Inspection and obtaining a Certificate of Occupancy by March 31, 2027.

5.

Effective January 17, 2025, any Building Permit that has expired for a project due to either failure to commence construction, or failure of construction to sufficiently progress as measured by not having a passed building inspection within a six (6) month period shall be subject to double permitting fees for renewal.

(Ord. of 12-17-24(1))