(a)

Intent. The intent of this section is to allow nonconformities to continue, subject to limitations, but not to assist or encourage their survival and eventually replace them with allowed uses. Preexisting lots or structures, or uses of lots or structures which are prohibited under these regulations for the district in which located, shall be considered legal nonconforming. Legal nonconforming lots, structures, or uses may be continued, provided they conform to the following provisions.

(b)

Legal nonconforming lots of record. When two or more lots with continuous frontage are in one ownership at any time after the adoption of the ordinance from which this chapter is derived and such lots are individually less than the minimum area or width required in the district, such lots shall be combined to the extent necessary to achieve a lot or lots of the area and width required for the district.

(c)

Legal nonconforming structures. A structure which existed at the time of adoption or amendment of this chapter, but which does not comply with this chapter by reason of regulations on area, lot coverage, height, setback or other restrictions related to the structure, may be continued subject to the following conditions:

(1)

Legal nonconforming structures shall not be altered or enlarged in any way to increase their nonconformity.

(2)

Maintenance and repairs necessary to keep a legal non conforming structure in sound condition shall be permitted.

(3)

When a legal nonconforming use of a building or structure has been changed to a conforming use, it shall not thereafter be used for another nonconforming use.

(4)

The modification of existing buildings changes results in greater conformance with the specifications of the zoning district.

(d)

Nonconforming uses.

(1)

If active use of a parcel of land or structure is a legal nonconforming use is discontinued for a continuous period of 365 days, such legal nonconforming land or structure or structural use thereafter shall be used only for a conforming use. If a use of a property does not conform to the zoning ordinance has ceased and the property has been vacant for 365 days, abandonment will be presumed unless the owner of the property can show that the property has not be abandoned: Provided, that neither the absence of natural resources extraction or harvesting nor the absence of any particular agricultural, industrial or manufacturing process may be construed as abandonment of the use. If the property is shown to be abandoned, then any future use of the land, buildings or structures must conform with the provisions of the zoning ordinance regulating use where land, buildings or structures are located, unless the property is a duly designated historic landmark, historic site or historic district.

(2)

If a business or industrial structure or a part thereof is occupied by a legal nonconforming use is damaged, destroyed or becomes deteriorated to an extent greater than 50 percent of its replacement cost at the time of damage or discovery of deterioration, the structure may not be repaired for a non conforming use.

(3)

In the HC and RC districts, allowed uses may co-locate in a building with a legal nonconforming use, if the nonconforming use floor area is reduced by a minimum of 50 percent. The zoning administrator may require an approved site plan which will illustrate sufficient ingress/egress and parking requirements in accordance with section 19-14.

(e)

Nonconforming signs.

(1)

Nonconforming signs and sign structures, which may be nonconforming either by reason of dimension, placement, or uses inconsistent with this chapter, shall be eliminated within a reasonable period of time in order to promote the public safety and welfare. All nonconforming signs that are allowed to become unsafe shall not be permitted to be repaired, instead they shall be eliminated. Nonconforming signs that are heavily damaged by fire, storm, etc., shall not be repaired; instead they shall be eliminated.

(2)

All permanent or temporary signs installed, or flashing signs not conforming to subsection 19-15(c)(7), shall be removed within seven calendar days after receiving formal notification of violation, except for permitted time and temperature signs. Any person, who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not less than $10.00 nor more than $300.00. Each day the violation continues shall be considered a separate offense. Work carried on in violation of the cancellation of any permit issued under this section shall also be deemed a violation punishable in the same manner.

(f)

Allowable accessory structures on a nonconforming lot. An accessory structure shall be permitted on a nonconforming lot providing that the accessory structure meets the following criteria:

(1)

The structure must meet required setbacks in that district.

(2)

The accessory structure must meet the city building code standards.

(Ord. No. 233, § 1, 4-17-12; Ord. No. 332, § 1, 3-15-22)