A building, lot of record, use of land or a building, method or requirement for development, or other such use or structure that was lawful when commenced but which are contrary to the regulations set forth in the zoning ordinance because of future amendments to the zoning ordinance, annexation into the city, or eminent domain. Such nonconformities are deemed to be incompatible with permitted uses and structures in the applicable zoning district and are contrary to the stated purposes of this ordinance. With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconformities be eliminated and be required to conform to the regulations in this ordinance. Notwithstanding the above, such nonconformities may be continued subject to the conditions and limitations set forth in this ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

Buildings or other structures may be erected on a nonconforming single lot of record, provided such lot has access from a street in accordance with the subdivision ordinance or other applicable ordinances. This provision shall apply even though such lot fails to meet the minimum requirements for area, width, depth, or other requirements for lots set forth in the applicable zoning district regulations; however, all other provisions of the applicable zoning district regulations shall apply. Any building or structure constructed on a nonconforming lot of record shall meet all development regulations in the zoning district unless the board grants a variance(s). No building or structure shall be constructed on multiple lots. Whenever construction is desired on multiple lots, the property owner or the property owner's agent shall amend the plat record or replat the property into a single lot.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A nonconforming use of land may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Alteration in size of nonconforming use. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time it became nonconforming.

B.

Moving a nonconforming use. No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the time it became nonconforming.

C.

Exceptions. A nonconforming use of land may be expanded or extended to provide off-street loading or off-street parking space facilities.

D.

Intensification of nonconforming use. A nonconforming use of land may not be intensified from the date at which it became nonconforming. Evidence of the intensification of the use of the land includes, but is not limited to:

1.

Adding new building or structures or expanding existing buildings or structures on the land;

2.

Adding any equipment on the land;

3.

Adding additional merchandise, vehicles or equipment for display on the land; or

4.

Adding additional merchandise, vehicles or equipment for operation from, on or off of the land.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A nonconforming building may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Alteration in size of nonconforming building. No such nonconforming building may be enlarged, extended, reconstructed, repaired, or altered in a way that increases its nonconformity, but any building or portion thereof may be repaired or altered to decrease its nonconformity or to comply with city building codes.

B.

Moving a nonconforming building. Should a nonconforming building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A nonconforming use of a building may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Alteration in size of nonconforming use of building. A nonconforming use of a building shall not be enlarged, extended, or altered and no occupancy of additional buildings or land by a nonconforming use shall be permitted.

B.

Moving a nonconforming use. No such nonconforming use of a building shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the time it became nonconforming.

C.

Exceptions. A nonconforming use of a building may be extended throughout any parts of the building that were manifestly arranged or designed for such use at the time it became nonconforming, but only if:

1.

No structural alterations, except those required by law or ordinance, are made;

2.

No nonconforming use of the building is extended to occupy any land outside the building as it existed at the time it became nonconforming; and

3.

No additional dwelling units are added when the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Change to a conforming structure or use. Any nonconformity may be changed to a conforming structure or use, and once such change is made, the structure or use shall not thereafter be changed back to a nonconforming structure or use.

B.

Accessory structure or use. No nonconforming accessory structure or use shall continue after the principal structure or use shall have ceased or terminated unless the accessory structure or use shall thereafter conform to the provisions of the zoning district in which it is located.

C.

Structure or use already permitted. Nothing contained in this section shall require any change in the plans, construction, or designated use of a structure or use for which a building permit was lawfully issued no more than twelve (12) months prior to the date the structure or use became nonconforming, provided, that such construction shall have been started at the time such structure or use became nonconforming and shall have been diligently prosecuted to completion.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

If a nonconformity is destroyed, damaged or deteriorated to the extent that the cost to reconstruct or rebuild such nonconformity exceeds fifty (50) percent of its replacement cost, the nonconformity may not be reconstructed or rebuilt except to conform with the provisions of this ordinance.

B.

If the owner of a nonconformity fails to begin reconstruction of the damaged, destroyed, or deteriorated structure (when permitted to do so by the terms of this section) within twelve (12) consecutive months of the date of destruction, damage, or deterioration, the nonconformity shall be deemed to be discontinued or abandoned as provided in section 4.1.8, below.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A nonconformity, when discontinued or abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this section. Discontinuance or abandonment shall be defined when:

A.

The owner or occupant ceases to use the nonconformity in the same bona fide manner as previously used for twelve (12) months, regardless of whether the owner intended or consented to the cessation of such nonconformity. Evidence that a nonconformity is not used in the same bona fide manner may include, without limitation, the following:

1.

The structure becomes vacant;

2.

The use changes, is temporarily prohibited, or is moved from the premises;

3.

The equipment and furnishings are removed from the premises;

4.

Utility service to the premises is terminated;

5.

The occupancy changes;

6.

The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or

7.

The premises are dilapidated, substandard or not maintained in a suitable condition for occupancy.

B.

The owner or occupant of a nonconformity that is only on a seasonal basis cease to use the nonconformity in the same bona fide manner as previously used during the season in which it is customarily used.

C.

A nonconformity is replaced with or reconstructed to become a conforming use or structure.

When a nonconformity is abandoned or discontinued, all nonconforming rights shall cease and the nonconformity shall thereafter conform to this ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The city council may request that the board establish a compliance date for discontinuance of a nonconformity in accordance with this section.

In determining whether to initiate an amortization proceeding, the board may consider the character of the surrounding area, the effect of the nonconformity on the surrounding area, the effect of cessation of the nonconformity on the area, any other danger or nuisance to the public caused by the nonconformity, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the city initiate rezoning of the property to bring the nonconformity into compliance with applicable zoning regulations.

Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least thirty (30) calendar days before the hearing.

The compliance date for discontinuance of a nonconformity shall be prescribed by the board at the public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconformity to give the property owner an opportunity to recover his investment from the time the nonconformity commenced, as allowed by law, the board shall consider the following factors:

A.

The owner's capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;

B.

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

C.

Any return on investment since inception of the nonconformity, including net income and depreciation;

D.

The anticipated annual recovery of investment, including net income and depreciation; and

E.

Any other factors allowed by law.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)