(1)

Within the districts established by this article, or amendments that may later be adopted, there exist lots, structures, and uses of land which were lawful before this article was enacted or amended, but which would be prohibited, regulated, restricted, or otherwise unlawful under the provisions of this article or future amendments.

(2)

It is the intent of this article to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such nonconforming uses and structures are declared by this article to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(3)

Nonconforming uses are considered to present a greater public burden than nonconforming lots and structures, therefore the intent of this article is to gradually eliminate nonconforming uses or decrease their nonconforming status, but to permit certain nonconforming uses to continue under certain conditions.

(4)

Nonconforming lots and structures are typically those established prior to the current zoning standards. The city intends to allow continued use of these lots and structures in certain cases. Accordingly, this article establishes regulations that govern the completion, restoration, reconstruction, and expansion of nonconforming structures which do not increase the non- conforming situation.

(5)

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this article, and upon which actual building construction has been diligently carried on.

(Ord. No. 844, § 2, 3-18-24)

(1)

Use of nonconforming lots. Any lot of record existing at the effective date of the ordinance codified in this article that now fails to meet the requirements for area or width, or both, that are generally applicable in the district shall be considered a nonconforming lot. A principal building and customary accessory buildings for a permitted use may be erected on any nonconforming lot of record, provided all other standards of this chapter are met.

(2)

Variance to area and dimensional requirements. If the use of a nonconforming lot requires a variation in minimum floor area or dimensional (minimum setback and maximum height) standards, then the use shall be permitted only if a variance is granted by the zoning board of appeals (ZBA).

(3)

Nonconforming contiguous lots under the same ownership. The following regulations shall apply to nonconforming contiguous lots under the same ownership. The intent of these regulations is to ensure that development of nonconforming lots will not overbuild the lots, result in a development pattern or structures that are out of character with the surrounding neighborhood, diminish access to open space, sunlight, and views for existing residences and will be in accordance with the residential density planned for in the city master plan.

(a)

If two or more lots or combination of lots with contiguous frontage are or have been under single ownership are of record at the time of adoption or amendment of this title, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an individual parcel for the purposes of this article. The lots must be combined prior to receiving a building permit for any construction activity, including additions, renovations or new construction.

(b)

No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this title.

(c)

Any combination, in whole or in part, of nonconforming lots of record shall result in lots that conform to the requirements of this title to the maximum extent feasible. Any altering of lot lines or combination of lots shall result in lots that conform to the requirements of this title. Once any combination that creates a conforming lot occurs, the resulting lot shall not retain nonconforming lot of record status and will hereafter be required to comply with the lot requirements of this title.

(Ord. No. 844, § 2, 3-18-24)

Where, at the effective date of this article or amendment thereto, lawful use of land exists that is made no longer permissible under the provisions of this article as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following limitations:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this article.

(2)

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

(3)

A nonconforming use shall be determined to be abandoned if one or more of the following conditions exist, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

(a)

Utilities, such as water, gas, and electricity to the property, have been disconnected.

(b)

The property, buildings, or grounds have fallen into disrepair.

(c)

Signs or other indications of the existence of the nonconforming use have been removed.

(d)

Removal of equipment or fixtures which are necessary for the operation of the nonconforming use.

(e)

Other actions, which in the opinion of the zoning administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

(f)

Those alleged nonconforming uses which cannot be proved to have been legally existing prior to the effective date of this section shall be declared illegal and shall be discontinued following the effective date of this section.

(Ord. No. 844, § 2, 3-18-24)

Where, at the effective date of this chapter section or amendment thereto, a lawful structure exists that could not be built under the provisions of this section by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following limitations:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity within the provisions of this article.

(2)

Should such structure be destroyed by any means to an extent greater than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this article.

(3)

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

(4)

Should such structure be altered or modified to eliminate, remove or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later reestablished or increased.

(5)

Expansion of a nonconforming residential building. A nonconforming residential building (that does not meet the required lot size) may be expanded into a required side or rear yard in a manner that does not comply with the setback standards with approval from the zoning administrator. The zoning administrator shall utilize the following standards:

(a)

The expansion does not extend closer to the lot line than any existing, nonconforming part of the structure.

(b)

The addition does not extend beyond the predominant existing building line along the same block.

(c)

The addition retains compliance with all other setback, lot coverage, and height requirements.

(d)

The addition will meet all minimum building code requirements.

(e)

The resultant addition, in terms of dimensions and design, would be compatible with the established character of the neighborhood.

(f)

The design of the addition must be compatible with the existing structure and not detract from the appearance of the site.

(g)

The expansion of a residential building with a nonconforming yard, not meeting the requirements above, shall be prohibited unless a variance is granted by the ZBA (ZBA).

(Ord. No. 844, § 2, 3-18-24)

Where, at the effective date of this chapter or amendment thereto, lawful use of a structure, or of a structure and land in combination, exists that is made no longer permissible under the provisions of this article as enacted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following limitations:

(1)

No existing structure devoted to a use not permitted by this article in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a structure which were arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such structure.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the ZBA, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use; in permitting such change, the ZBA may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

A nonconforming structure, or structure and land in combination shall be determined to be abandoned if one or more of the following conditions exist, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming structure:

(a)

Utilities, such as water, gas, and electricity to the property, have been disconnected.

(b)

The property, buildings, or grounds have fallen into disrepair.

(c)

Signs or other indications of the existence of the nonconforming use have been removed.

(d)

Removal of equipment or fixtures which are necessary for the operation of the nonconforming use.

(e)

Other actions, which in the opinion of the zoning administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

(6)

Those alleged nonconforming uses which cannot be proved to have been legally existing prior to the effective date of this section shall be declared illegal and shall be discontinued following the effective date of this section.

(7)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. No. 844, § 2, 3-18-24)

The intent of this section is to permit improvements and minor modifications to sites containing uses and building(s) which do not meet all of the various site improvement related regulations of this zoning ordinance, including provisions such as landscaping, signage, building materials and architecture, paving and other non-safety site related items. The purpose is to allow gradual compliance with these and other site related requirements, for the entire site, for sites that predate the ordinance requirements.

Site improvements or expansions on nonconforming sites may be permitted by the zoning administrator or the planning commission during special land use, site plan review, or as required under section 38-180, without a complete upgrade of all site elements under the following conditions. The city may require a performance guarantee to ensure that all improvements permitted under this section will be made in accordance with the approved plan.

(1)

There are reasonable site improvements proposed to the overall site in relation to the scale and construction cost of the proposed building improvements or expansion.

(2)

Safety-related site issues, or those regulated by state and federal laws, are met.

(3)

Driveways that do not conform with the access management requirements of this chapter shall be eliminated to the extent practical, provided that the minimum reasonable access shall be maintained, as determined by the standards of article XX, access management and driveway standards, and as approved by the planning commission.

(4)

Landscaping shall be required to conform to the requirements of article XXI, landscape standards and tree replacement; exceptions will be permitted only where the existing site conditions prevent full compliance.

(5)

All signs must conform with article XX, signs. Existing pole signs shall be replaced with monument signs. Some size allowances may be granted where site conditions warrant such consideration.

(6)

All lighting, including pole and building mounted, must conform with article XXIII, lighting standards.

(7)

The improvements or minor expansions shall not increase any existing nonconformity with the site requirements.

(8)

A site plan shall be submitted and reviewed in accordance with article XIII, site plan review.

(Ord. No. 844, § 2, 3-18-24)

(1)

On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the estimated value of the structure, as determined by the most recent assessment of the market value of the structure for purposes of taxation, provided that the cubic content of the structures as it existed at the time of enactment or amendment of this article shall not be increased.

(2)

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

(3)

Ordinary repair and maintenance means any work, the purpose and effect of which is to correct or prevent any deterioration or decay of or damage to a building, object or structure of any part thereof and to restore same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials or those materials which are, in appearance, as close as possible to the original. Ordinary repairs include:

(a)

Exterior and interior painting.

(b)

The installation and replacement of any window or door, including garage doors, in the same opening without altering the dimensions or framing of the original opening. This shall include storm windows and storm doors. The installation and replacement of means of egress and emergency escape windows and doors may be made in the same opening without altering the dimensions or framing of the original opening, and shall not reduce the required height, width or net clear opening of the previous window or door assembly.

(c)

The repair of existing roofing material not exceeding 25 percent of the total roof area within any 12-month period.

(d)

The repair of existing siding with like material not exceeding 25 percent of the total building exterior was area within any 12-month period.

(e)

The repair or replacement of any part of a porch or stoop which does not structurally support a roof above.

(f)

The replacement or installation of screens.

(g)

Replacement of exterior rainwater gutters and leaders.

(Ord. No. 844, § 2, 3-18-24)

A change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises shall not alter the nonconforming status of a nonconforming building, structure, use, or lot, provided there is no change in the nature or character of such nonconforming uses.

(Ord. No. 844, § 2, 3-18-24)