A.

It is the intent of this ordinance to regulate nonconformities within the districts created by this zoning code or the districts created by later amendments that may be adopted, where there exist structures or characteristics of structures, lots or characteristics of lots, and uses of land and structures or characteristics of use of land and structures, which were lawful before this ordinance was passed or later amended, but would be prohibited, regulated, or restricted under the terms of this ordinance or any future amendments to this ordinance.

B.

Nonconformities shall not be used as grounds for further increasing such nonconformities, nor increasing other nonconformities, nor adding other structures or uses prohibited elsewhere in the same district.

C.

Nonconformities shall not be expanded by attaching a building, nor adding accessory structures, nor adding any other structure that can be seen off-premises, nor adding other uses generally prohibited in the same district.

D.

To avoid undue hardship, nothing in this ordinance shall be construed as requiring a change in any use or structure under which construction was lawfully begun prior to the adoption of this ordinance.

A.

Legal nonconforming, also known as "grandfathered": Nonconforming buildings, structures, lots and uses that do not conform to the requirements of the district in which they are located, but which legally existed prior to the adoption of this ordinance, are considered to be legally nonconforming as of the adoption of this ordinance and, as such, thereafter have a legal status known as "grandfathered".

B.

Illegal nonconforming: All new buildings, structures, lots and uses that are put in place on or after the effective date of this ordinance, and which do not conform to all requirements

C.

of this ordinance, are illegal. Furthermore, except as specifically provided by section 7-4(D), increases in degree of nonconformity are illegal and, as such, grandfathered buildings, structures, lots and uses shall become illegal and lose their grandfathered status at such time as changes are made that increase the degree of nonconformity to district regulations.

D.

Illegal nonconforming buildings, structures and uses shall be removed: Illegal nonconforming buildings structures, and uses, including illegal nonconforming changes or additions, are subject to having all approved permits and certificates of occupancy revoked, the illegal building, structure or use removed, fines levied, and other consequences and corrective measures in keeping with the regulations set forth in this ordinance and other parts of the code.

E.

Previously permitted buildings and structures: In order to avoid hardship, if any building, structure or use is permitted prior to February 13, 2017, and is in keeping with all code requirements that were in place at the time the permit was issued, and is completely in place within a period of one year from the date of such permit being issued, such building, structure or use shall be considered legal nonconforming, or grandfathered.

Grandfathered lots, buildings and structures may make certain changes, as described below, which shall maintain the grandfathered status. Buildings and structures in violation of these regulations are subject to being removed and all current and previously approved permits revoked.

A.

New structures and additions: New building and structures, including new additions, shall comply with all requirements of this ordinance.

B.

Destruction of a legal nonconforming structure: Should any structure be destroyed by any means, by more than either 50 percent of its floor area, or by 50 percent of its replacement value at the time of such destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance; provided that homes and dwelling units within the R-1 district may be reconstructed in accordance with section 7-4(F).

C.

Moving a legal nonconforming structure is subject to approval by the City. A nonconforming structure may be moved on its own lot only to the degree that such movement does not increase the degree of nonconformity and reduces the degree of nonconformity to the maximum extent that is reasonably feasible, subject to an administrative approval by the zoning official.

D.

Altering a legal nonconforming building façade on non-residential buildings: When any element of a grandfathered non-residential building facade regulated under this ordinance undergoes an alteration that increases the degree of non-conformity, at that time and thereafter the grandfathered status of that part or element is removed. When such alterations constitute 60)per cent or more of a building facade face, the entire building facade face shall lose its grandfathered status. However, such facade alterations do not remove the grandfathered status of other parts of the building that are not altered, such as any unaltered roof, porch, footprint, or other building element.

E.

Removing a legal nonconforming element or feature of a building: When any part, element or feature of a legal nonconforming building facade regulated under this ordinance is removed, at that time and thereafter the grandfathered status of that part, element or feature is removed.

F.

Repair of legal nonconforming structures: Repair and maintenance of existing building materials with the same material is permitted and does not change the grandfathered status, provided that when sixty (60) percent or more of a building facade material, not including roof material, is removed or covered, the entire building facade material is required to be a material approved under district regulations. Grandfather status will not change when building material upgrades are in keeping with building materials permitted under district regulations.

G.

Internal renovations to nonconforming buildings outside the R-1 district: Internal renovations are permitted and do not alter the grandfathered status of a building outside the district; provided that such renovations do not alter the building's roof, height, size, shape, facade or footprint; and further provided that changes to floor-to-ceiling height must not increase the degree of nonconformity to floor-to-ceiling height requirements of the district, and internal changes must not increase the degree of nonconformity to any other requirements of this ordinance.

H.

Changes to conforming structures on the same lot with a nonconforming structure or use: No change shall be made to individual conforming site elements, such as parking, loading, lighting, walls, or any structure, when such change creates a nonconformity for that site element or increases the degree of nonconformity for the lot or any other structure or element on the lot; however, changes may be made which result in the same or a lesser degree of nonconformity.

All nonconforming lots are subject to the following regulations. Lots in violation of these regulations are subject to having current uses removed, all current and previously approved permits revoked, and requests for any future permits on such lot refused.

A.

Nonconforming lots of record: Where a lot, which was a legal lot of record prior to February 13, 2017, is below the minimum dimensions set forth in the district in which such lot is located, such lot may at a minimum be permitted to build a single-family dwelling in keeping with all other requirements of the district. Variances of yard and setback requirements within nonconforming lots of record shall be obtained only through variance action by the Mayor and Council.

B.

Reduction in lot size for a public purpose: When a conforming lot is reduced in size due to a public taking or permanent public easement for a public purpose, whether such taking took place before or after the adoption of this ordinance, such lot shall thereafter be considered a conforming lot with all the rights and privileges of a conforming lot.

C.

Reduction in lot size or shape due to re-platting: No lot shall be reduced in size, altered in shape, or re-platted in any manner, such that lot width or depth, yard size or depth, lot area, or any other requirement of this ordinance is not met.

D.

Yards, parking and loading spaces shall not be double-counted: No part of a required yard, off-street parking, or loading space in connection with or required for any building or use, shall be included as part of the yard or off-street parking or loading spaces required for another building.

Although it is not the intention to allow reduction of yards and setbacks within nonconforming lots, the property owner of the following lot types has the privilege of requesting a variance for reduction in yards and setbacks.

A.

Variance for lots reduced in size due to a public purpose: When any lot, whether conforming or nonconforming, has been reduced in size due to a public taking, the property owner has the privilege of requesting a variance to reduce required yards and setbacks, provided that minimum sidewalk requirements shall be provided and shall not be reduced.

B.

Variance for eliminating buffers between two districts located within a single lot: Although it is not the intent to establish more than one zoning district within a lot, wherever the line of demarcation between two districts of different usage divide a lot of record, such that either one or both sections are made to not meet minimum lot size or frontage requirements within a district, and are made too small for advantageous use of the property, the property owner has the privilege of requesting a variance to use said lot for the permitted use of the more restrictive district, without having to conform to any otherwise required yards and buffers between the two districts, in keeping with the use standards found in this ordinance in article 11, Special Use Permits.

All nonconforming uses are subject to the following regulations and violation of these regulations shall result in the use permit, business permit, or certificate of occupancy being revoked.

A.

Discontinuance of a nonconforming use: When a nonconforming use is discontinued for a continuous period of six months, thereafter the nonconforming use shall not be resumed. Where any nonconforming use is superseded by any conforming use, for any length of time, such nonconforming use may not be resumed.

B.

Expansion of nonconforming uses: No building or structure, which houses a nonconforming use, may be enlarged or expanded in any way. Nonconforming uses are permitted be expanded within a building originally constructed for and intended for that use but may not occupy any land outside of such building.

C.

Outdoor nonconforming uses to be discontinued: Any nonconforming uses not carried on within a building, except those that are incidental and necessary to activities with a building such as parking, shall be discontinued within a period of two years from February 13, 2017, or from the date of any amendment to this ordinance that causes the subject use to be nonconforming. Nonconforming outdoor uses to be discontinued include nonconforming outdoor sales areas, parking lots, junkyards, outdoor storage, and other nonconforming outdoor uses; and including any structures incidental to such uses.

D.

Previously approved uses: Uses or characteristics of uses previously approved under a special use permit prior to the adoption of this ordinance shall be considered legally nonconforming, if in lawful existence on February 13, 2017.