Noncomplying structure means any building or structure that existed prior to the effective date of any change in the zoning regulations or restrictions, but which thereafter, by reason of such change, is not in compliance with the zoning regulations or restrictions then in effect.

(Ord. No. 24-10, 4-16-2024)

Noncomplying structures shall be permitted to continue indefinitely and shall be considered legal structures, but subject to the following restrictions:

1.

Expansion. No noncomplying structure may be physically enlarged or expanded unless, after such enlargement or expansion, it complies with the regulations for the zoning district in which it is located.

2.

Repairs and maintenance. A noncomplying structure may be remodeled, renovated, maintained, repaired and altered so long as such work complies with this article and any other applicable controlling law or regulation.

3.

Uses in a noncomplying structure shall comply with the use limitations contained in the zoning district in which the nonconforming structure is located or the nonconforming use provisions of this article.

(Ord. No. 24-10, 4-16-2024)

1.

Nonconforming use means any use that lawfully existed prior to the effective date of any change in the zoning regulations or restrictions, but which thereafter, by reason of such change, is not in conformity with the zoning regulations or restrictions then in effect.

2.

The provisions of this section, Section 4, and Section 5 of this article apply only to nonconforming uses, not to structures or to noncompliance that arises from a failure to conform to the provisions of this ordinance relating to height, floor area ratio, density, yard, setback or open space.

(Ord. No. 24-10, 4-16-2024)

Any nonconforming use, lawfully existing prior to the effective date of any change in the zoning regulations or restrictions, may be continued as such subject to the provisions of this article, it being the intent of the city to provide for the eventual elimination of all nonconforming uses.

(Ord. No. 24-10, 4-16-2024)

In case a nonconforming use shall be abandoned for two years, then such nonconforming use shall terminate, and the use of the property shall revert to a conforming use of the zoning district in which it is located.

(Ord. No. 24-10, 4-16-2024)

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

(Ord. No. 24-10, 4-16-2024)

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 part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(Ord. No. 24-10, 4-16-2024)

Whether a legal nonconforming use or a legal noncomplying structure exists shall be a question of fact and shall be decided by the Zoning Administrator with appeals to Board of Zoning Appeals, after public notice and hearing, and in accordance with the rules of the board.

(Ord. No. 24-10, 4-16-2024)

A nonconforming use or noncomplying structures may be changed, altered, repaired, restored, replaced, relocated, or expanded only in accordance with the provisions of this article and subject to the appropriate approvals (including, among others, verification of the nonconforming use or noncomplying structure by the Zoning Administrator, site plan approval, and building permit approval) otherwise required by law.

1.

A nonconforming use or noncomplying structure may change to a conforming use or structure.

2.

A residential noncomplying structure which is noncomplying with respect to lot width, area or front, rear, or side yard setback requirements, but which otherwise conforms to the use requirements of the district in which it is located, may be expanded in size so long as additional use nonconformities are not introduced. New or expanded residential accessory uses and structures may be permitted subject to the provisions of the zoning ordinance, provided that all new or expanded accessory structures and uses shall meet all current zoning requirements, including height, yard requirements, and setbacks, for the zoning district in which located. In no case shall a noncomplying structure used for residential purposes be physically modified to accommodate additional dwelling units.

(Ord. No. 24-10, 4-16-2024)