The purpose of this article is to establish regulations for nonconforming uses, substandard lots, nonconforming structures, and nonconforming sites created legally prior to the effective date of this chapter.

(Ord. No. 13-005, § 1, 3-28-2013)

A nonconforming use is an active or actual use of land or structures, or both; legally established prior to the effective date of this chapter or subsequent applicable amendment thereto which has continued the same use to the present, and which would not be permitted under the current terms of this chapter.

(1)

Continuance of a nonconforming use.

(a)

Any nonconforming use lawfully existing upon the effective date of this chapter or any amendment to it may be continued at the size and in a manner of operation existing upon such date, except as specified in this section.

(b)

Any prior legal use made nonconforming by this chapter, by an amendment to it, or by a modification to the official zoning map, may be granted full legal conforming status by the issuance of a conditional use permit, subject to the standards and procedures prescribed by section 90-472/.

(2)

Uses made nonconforming by this chapter.

(a)

A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter, shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and consideration under the requirements of sections 90-81(1) and/or 90-81(3).

(3)

Modification of a nonconforming use.

(a)

A nonconforming use shall not be altered by expansion, enlargement, extension, or reconstruction, unless a conditional use permit is granted for such alteration, subject to the standards and procedures prescribed by section 90-472, or unless a zoning amendment is granted under the requirements of section 90-471.

(b)

A nonconforming use shall not be changed to another nonconforming use, unless the nonconforming use receives a variance to change to a more restrictive, nonconforming use, pursuant to section 90-465(2)(d).

(c)

A nonconforming nonresidential use not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if either or both facilities are not available within 1,000 feet of the subject property, and a conditional use permit is granted for such expansion.

(4)

Discontinuance. When any nonconforming use of any structure or land is discontinued for a period of 12 consecutive months, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 17-001, 1-26-2017)

(1)

Blanket conforming status.

(a)

Blanket conforming status of any and all requirements of this chapter is hereby automatically granted to all nonconforming or substandard lots in their configuration existing or as finally approved as of the effective date of this chapter. This subsection ensures that lots approved and created prior to the adoption of this chapter do not encounter difficulty because the lots would otherwise be considered nonconforming or substandard.

(b)

After the effective date of this chapter, no existing lot area shall be reduced so as to create a lot of less than the required size or so that the existing setbacks, lot area, or minimum width would be reduced below that required by the regulations for the district in which such lot is located.

(2)

Residential substandard lots.

(a)

If an existing lot of record in a residential zoning district does not meet the area, width, and frontage requirements of the zoning district in which it is located, the lot may be utilized for a detached single family dwelling, provided that all of the district requirements are complied with insofar as is practical but shall not be less than the following:

(b)

If an existing lot of record in a multi-family residential zoning district (i.e. R-4 and R-5), does not meet the area, width, and frontage requirements of the zoning district in which it is located, the lot may be utilized for a multifamily structure and its accessory structures provided the following setback requirements, provided that all other requirements set forth in the R-4 or R-5 district are complied with:

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Blanket conforming status. Blanket conforming status of any and all requirements of this chapter is hereby automatically granted to all nonconforming structures lawfully existing upon the effective date of this chapter. Such structures may be permitted to continue in the size and in a manner of operation existing upon such date, except as provided in this section.

(2)

Structure made nonconforming by this chapter. Any structure lawfully erected prior to the effective date of this chapter, but that does not meet the requirements of this chapter, such as but not limited to height, setback, access provisions, shall be considered a legal, conforming structure so long as any previously approved conditions of approval are followed.

(3)

Modification.

(a)

Any lawful nonconforming structure may be altered by extension, enlargement, or reconstruction, provided that said alteration complies with the requirements of the zoning district in which it is located.

(b)

The nonconforming feature of said structure shall not be allowed to become more nonconforming by alteration except under one of more of the following situations:

1.

As when required to do so by law or order.

2.

To comply with the provisions of this chapter.

3.

With approval of a conditional use permit by the plan commission for the purpose of making required structural alterations to maintain the structural integrity of the building.

4.

With the approval of a variance by the board of zoning appeals.

(c)

Nonconforming residential structures may be altered provided such alteration does not increase the number of dwelling units or the bulk of the building. Notwithstanding the foregoing, a conforming garage may be added if none previously existed.

(d)

When any lawful nonconforming structure in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure shall also be in conformance with the provisions of this chapter.

(4)

Restoration. A damaged or destroyed nonconforming structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, without any limits on the costs of the repair, reconstruction, or improvement if the nonconforming structure was damaged by fire, flood, wind, explosion, earthquake, war, riot, unlawful act, or Act of God on or after the effective date of this chapter.

(5)

Unsafe structures. Nothing in this chapter shall preclude the building inspector or any other city official from initiating remedial or enforcement actions when alawful nonconforming structure is declared unsafe or presents a danger the public health, safety, or welfare.

(6)

Ordinary maintenance. Ordinary maintenance and repairs of a nonconforming structure, including remodeling, shall be permitted, as well as necessary nonstructural repairs and alterations which do not extend, enlarge, or intensify the nonconforming structure. Ordinary maintenance repairs and remodeling include internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electricity, plumbing, and the replacement of doors, windows, and other non-structural components.

(7)

Timing of building permit. Any structure for which a building permit has been lawfully granted prior to the effective date of this chapter or an amendment to it which will become nonconforming under the provisions of this chapter or that amendment thereto, may be completed in accordance with approved plans, provided construction is started within 365 calendar days after issuance of the permit and construction is completed within 730 calendar days (2 years) after the start of construction. If all such conditions are met, the structure shall thereafter be a legal nonconforming structure.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. This section is intended to prevent the creation of nonconforming sites related to the building and site design requirements of this chapter. These site design components may include one or more of the following:

(a)

Site design or building materials requirements.

(b)

Parking, loading, access drive and other paved area design requirements.

(c)

Landscaping or bufferyard requirements.

(d)

Fencing requirements.

(e)

Lighting requirements.

(2)

Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to all development sites in their configuration existing or as finally approved as of the effective date of this chapter. This subsection ensures that sites approved prior to the adoption of this chapter do not encounter difficulty because they would otherwise be considered nonconforming.

(3)

Modification.

(a)

Alterations, such as enlargements, expansions, or extensions that would result in creation of one or more nonconformities, increase the degree of the existing nonconformity(ies), or render a nonconforming site incapable of being brought into full or greater compliance with the requirements of this chapter shall not be permitted unless a variance is granted by the board of zoning appeals under section 90-478.

(b)

On lots where the site configuration is sufficient to comply with the site design requirements of this chapter (such as minimum paved surface setback and minimum landscape surface ratio), no alteration (i.e., enlargement, expansion, or extension of a use or structure) shall be permitted if it makes compliance with site regulations of this chapter impossible, even if said alteration would otherwise be permissible.

(4)

Required compliance of nonconforming sites.

(a)

On lots where the site configuration is adequate to enable full compliance with all site design requirements of this chapter, full or partial compliance, as determined by the plan commission, shall be required at the time of any installation of property improvement requiring and having received site plan approval.

(b)

On lots where the site configuration is insufficient to enable full compliance with all site design requirements but nevertheless provides space to reduce the degree of one or more nonconformities, the plan commission shall make a determination as to the manner and degree to which nonconformities shall be brought into conformance.

(Ord. No. 13-005, § 1, 3-28-2013)