For the purposes of this section the following definitions shall apply:

Nonconforming lot of record. Any vacant lot legally established prior to the effective date of this appendix or subsequent amendment thereto, which does not fully comply with the dimensional regulations of the zoning district in which it is located.

Nonconforming developed lot. Any lot containing a building or structure, that is activity legally established prior to the effective date of this appendix or subsequent amendment thereto, but which does not fully comply with the lot width or area or other dimensional regulations of the zoning district in which is located as specified in this appendix.

Nonconforming structure. Any building or structure, other than a sign, legally established prior to the effective date of this appendix or subsequent amendment thereto, but which does not fully comply with the yard, height or other dimensional regulations of the zoning district in which it is located as specified in this appendix.

Nonconforming use. An activity using land, buildings, and/or structures for purposes which were legal prior to the effective date of this appendix or subsequent amendment thereto, but which does not fully comply with the use regulations for the zoning district in which it is located as specified in this appendix.

Nonconformity, minor. Any property comprising a nonconforming developed lot and/or nonconforming structure, but which is used for an activity which is fully in compliance with the regulations for the zoning district in which it is located as specified in this appendix.

Nonconformity, major. Any property comprising a nonconforming developed lot and/or a nonconforming structure, or a conforming developed lot and/or conforming structure which is used for an activity that is not fully in compliance with the regulations for the zoning district in which it is located as specified in this appendix.

Nonconforming lots of record can be developed for any use permitted in the zoning district in which they are located provided such development conforms to all other regulations in this appendix unless a variance from such regulations is granted by the board of zoning adjustment.

Minor nonconformities can be modified, enlarged, and/or expanded provided that such modification, enlargement, or expansion conforms to all other regulations in this appendix, unless the board of zoning adjustment grants a variance from such regulations.

A major nonconforming use may be changed to another nonconforming use provided the new use is in the same or a lesser use classification as the original use.

A major nonconforming use shall not be enlarged within a structure, nor occupy a greater area of land, than it did at the effective date of this appendix or subsequent amendment thereto.

A structure containing a major nonconforming use shall not be moved to any portion of the lot other than that occupied at the effective date of this appendix or subsequent amendment thereto.

A major nonconforming use shall not be altered, enlarged, or intensified in any way, which increases its nonconformity, but may be altered or reduced to decrease its nonconformity.

A major nonconforming use, which changes to a permitted use within the zoning district in which it is located, shall not thereafter revert to a nonconforming use.

If a major nonconforming use is damaged in any manner to the extent that the restoration costs would exceed fifty (50) percent of the value of that use immediately before such damage occurred, or is discontinued and remains vacant for one year or more, any subsequent use of that lot and/or structure shall be in full compliance with the regulations governing the zoning district in which it is located as specified in this appendix.

A nonconforming sign is any sign within the jurisdiction of the Zoning Ordinance of the City of Ozark on the effective date of this article or any sign existing within any area annexed into such jurisdiction after the effective date of this article which is prohibited by, or does not conform to the requirements of article IX of this appendix

Nonconforming signs shall be maintained in good condition. However, such signs shall:

A.

Not be structurally altered to accommodate another nonconforming sign or sign face;

B.

Not be structurally altered in order to prolong the life of the sign, except to meet safety requirements as specified by the city's building official;

C.

Not be altered so as to increase the degree of nonconformity of the sign (including additional sign faces);

D.

Not be enlarged in any manner;

E.

Not be allowed to remain if a change of use occurs as defined by this appendix, or if the premises promoted by the sign comes under new ownership or tenancy and such sign is proposed to be remodeled, repainted or otherwise changed for the purpose of displaying the new name or other new identification of the premises; or

F.

Not be re-established after damage or destruction if the estimated cost of reconstruction or repair exceeds fifty (50) percent of the appraised replacement cost. This cost shall be exclusive of any expected or estimated revenue generated by the sign.

All off-premise signs, including nonconforming billboards and other signs not mentioned above, shall be brought to within Ordinance Standards on or before March 1, 2012, or, thereafter, shall be examined by the planning commission to determine its structural integrity, any dangers or hazards present, and overall aesthetic appeal. The building official or his designated representative shall be responsible for locating and determining the off-premise signs to be examined by the planning commission. Any off-premise sign deemed dangerous or inappropriate by the planning commission must be removed or made to conform to the provisions of article IX of this appendix.

Any deviations from the requirement of a nonconforming sign to be removed by March 1, 2012, including, but not limited to, improper zone, location, or any other nonconforming criteria not addressed by the planning commission shall require a variance by the board of zoning adjustments and appeals.

(Ord. No. 2007-18, § 1, 11-6-07; Ord. No. 2011-2, § I, 2-15-11; Ord. No. 2012-2, § 1, 1-17-12)

The following provisions shall apply to all nonconformities:

Except as otherwise provided in this article, any nonconforming lot, structure or use lawfully existing on the effective date of this appendix, or subsequent amendment thereto, may be continued so long as it remains otherwise lawful.

Nonconforming status runs with the land.

Nothing in this section shall be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements, which do not increase in scope or scale the nonconformity of the structure.

Nothing in this article shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition; provided that such restoration of such structure is not otherwise in violation of the provisions of this article.

No nonconformity shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Any other provision of this article to the contrary notwithstanding, no use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all the regulations of this appendix.

The burden of establishing the nonconforming status of any structure or use under the terms of this article in all cases shall be upon the owner of such nonconformity and not upon the City of Ozark.