A.

Purpose and scope of regulations.

1.

Within the districts established by this LDC or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this LDC was passed or amended but that would be prohibited, regulated or restricted under the terms of this LDC or future amendment.

2.

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.

3.

It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after adoption of this LDC.

4.

Any use which was in violation of a provision of the LDC of the city in effect at the time of the adoption of this LDC, or amendments thereto, and which does not conform to the provisions of this LDC, as amended, shall be considered a violation of this LDC and shall not have any of the rights granted below.

B.

Authority to continue. Nonconformities shall be allowed to continue in accordance with the regulations of this chapter.

1.

Except as provided in subsection 1107.C, addressing adult establishments, any nonconforming use may continue to operate subject to the following conditions and requirements and subject to the provisions of chapter 11 dealing with the termination of nonconforming uses. A nonconforming use may not be changed to another nonconforming use unless the Board of Adjustment determines that such change shall be no more detrimental to the neighborhood than the existing use; however, no change of title, possession or right to possession of property shall be construed to prevent the continuance of a nonconforming use.

2.

No building or sign may be extended or enlarged or the amount of land devoted to a use increased unless such extensions or enlargements comply with all the provisions of this LDC for the district in which it is located. However, a nonconforming use may be extended throughout a building designed and arranged for such nonconforming use, so long as no structural alterations other than normal maintenance are made therein, and no such use shall be extended to occupy any land outside such building.

3.

Nothing in this section shall be construed to prohibit the strengthening of any building to a safe and lawful condition when the building has been declared unsafe by the inspection services administrator or authorized agents.

4.

A nonconforming use may be changed to a use of a higher classification, and whenever the use is changed to a higher or conforming classification, then it shall not be allowed to change to the original use or to a lower use.

5.

All wireless communication towers operative on the effective date of this LDC shall be allowed to continue their present usage in accordance with the nonconforming use provisions of this LDC except that co-location on such towers shall be permitted where all physical requirements for co-location are met. The addition of antennas to a nonconforming structure is not considered an expansion of said nonconforming use.

C.

Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists is the owner's burden, not the city's.

D.

Repairs and maintenance. Repairs and normal maintenance required to keep nonconforming uses, structures and lots in a safe condition are permitted, provided that no alterations may be made except those allowed by this chapter or required by law or LDC.

E.

Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing nonconformity are permitted, provided that no changes in the nature or character, extent or intensity of such nonconformity may occur except those allowed by this chapter.

In any district in which a legal lot (as defined in chapter 14) exists of record on the effective date of adoption or amendment of this LDC that does not conform in size or area to the provisions of this LDC, buildings for the uses permitted in such district may be erected on such lot, notwithstanding limitations imposed by other provisions of the LDC; provided that such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

Where a lawful structure exists at the effective date of adoption or amendment of this LDC that could not be built under the terms of this LDC by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity.

B.

Should such structure be destroyed by any means to an extent of more than sixty-six and two-thirds (66⅔) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this LDC.

C.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

A.

Amortization period. Any sign existing on the date of the adoption of this LDC or any amendment thereto ("adoption date") and not conforming to its provisions shall be considered a presently-existing, nonconforming sign, and may continue to be used for a period of three (3) years from the adoption date, provided it is not:

1.

Expanded or enlarged in sign area or height;

2.

An abandoned sign that must be removed as required elsewhere in this LDC;

3.

Reestablished after becoming an abandoned sign as required elsewhere in this LDC;

4.

Reestablished after damage or destruction, by any means, exceeding fifty (50) percent of the estimated replacement value of a similar sign;

5.

Moved in whole or in part to another location unless the sign is made to conform to all of the provisions of this LDC; or

6.

A hazard to safety, health or welfare.

B.

Maintenance of signs and changing of sign message.

1.

Any legal nonconforming sign may be repaired and any sign message, name of business or logo may be replaced with another sign message, business name or wording as long as the sign area or height is not enlarged or expanded.

2.

Any change of sign message, business name or logo may not be performed on a legal nonconforming sign more than ninety (90) days after a business ceases to operate without the sign being brought into full compliance with all provision of this LDC.

C.

Annexed nonconforming signs. Annexed nonconforming signs formerly outside planning area. Relative only to freestanding business identification signs located on property annexed into the city's corporate limits, when such property was not previously within the city's planning jurisdiction, the following provisions shall apply, irrespective of other applicable sign provisions of this LDC.

1.

An existing (as of the date of annexation) freestanding business identification sign may be maintained in its nonconforming status for a period of ten (10) years from the date of annexation. A sign may be replaced by a new sign under this provision.

2.

The sign may be repaired or altered as long as any nonconformity (sq. ft. of sign area, yard setback, or height) is not increased.

3.

Any additional freestanding business identification sign must comply with the standard freestanding business identification sign provisions contained in chapter 7, business identification signs.

4.

After the expiration of the ten (10) years after the date of annexation, any maintenance or alteration of the sign shall comply with this LDC. Anytime there is a change in ownership, occupancy or use, nonconforming signs shall be brought into compliance with the requirements of this LDC.

(Ord. No. O-2016-95, § 5, 12-12-16)

A.

Nonconforming use of land. Where, at the effective date of adoption or amendment of this LDC, lawful uses of land exist that are no longer permissible under the terms of this LDC as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provision:

1.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this LDC.

2.

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land that was occupied at the effective date of adoption of this LDC.

3.

If any such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) days, any subsequent use of such land shall conform to the regulations specified by this LDC for the district in which such land is located. However, nonconforming uses that have existed for over fifty (50) years are exempt from this regulation.

B.

Nonconforming use of structure. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this LDC that would not be allowed in the district under the terms of this LDC, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this LDC in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this LDC, but no such use shall be extended to occupy any land outside such building.

3.

Any structure, or structure and land in combination, in or on which a nonconforming use is superceded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not be resumed.

4.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of one hundred eighty (180) consecutive days, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

5.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of land.

6.

As an exception to the provisions above, repairs or improvements will be permitted to existing single-family detached dwellings in commercial or industrial district. In addition, the reconstruction of existing single-family detached dwellings will be permitted in any districts where existing single-family dwellings have been destroyed by a natural disaster.

A nonconforming use of a structure, or of a structure and land in combination, shall not be changed unless changed to a use permitted in the district in which located; except that the board of adjustment may permit a change to a more restricted nonconforming use and such change shall be construed as an abandonment of the former permitted nonconforming use.

A.

General. If a nonconforming use is discontinued for a period of one hundred eighty (180) consecutive days or for more than eighteen (18) months in any three (3) year period, the future use of the building or land must be a conforming use. Existing uses as of June 13, 1988 situated in the floodway are hereby exempt from provisions of chapter 7 of this LDC.

B.

Termination of nonconforming use by excessive damage. Nothing in this LDC shall be construed to prevent the reconstruction within one (1) year of any building damaged by any means, unless the building is damaged to such extent that replacement cost is more than sixty-six and two-thirds (66⅔) percent of its value as determined by the inspection services administrator or authorized agents. Such determination by the inspection services administrator or authorized agents may be appealed to the board of adjustment. If the building replacement cost is more than sixty-six and two-thirds (66⅔) percent of its value, any reconstruction, repair or use shall be in conformity with the provisions of this LDC for the district in which it is located.

C.

Termination of nonconforming adult business uses. The use of property by an adult establishment, because of its very nature, is recognized as having serious objectionable characteristics which cause adverse effects on residential zoning districts, schools, churches, childcare centers, public parks and playgrounds, and therefore should be subject to nonconforming use provisions which amortize such objectionable use over a reasonable period of time, following which such nonconforming use is terminated. Any adult establishment lawfully operating prior to the effective date of this LDC that is rendered in violation hereof shall be deemed a nonconforming use. Any adult establishment which is made nonconforming by the application of the provisions of this section shall be permitted to continue for a period not to exceed three (3) years. Following completion of such three (3) year amortization period it shall be unlawful to operate such nonconforming adult establishment in violation of this LDC. During the three (3) year amortization period such nonconforming uses shall not be increased, enlarged, extended, altered, or changed to another nonconforming use unless the board of adjustment determines that such change shall be no more detrimental to the neighborhood than the existing use. If such nonconforming use is discontinued for a period of one hundred eighty (180) consecutive days it may not be reestablished and the future use of the building or structure housing the adult establishment must be a conforming use. If two (2) or more adult establishments are within five hundred (500) feet of one another and otherwise in a permissible location, the business which was first established, as determined by the certificate of occupancy, and continually operated at its present location shall be considered the conforming use and the later-established business(es) shall be considered nonconforming. An adult establishment lawfully operating as a conforming use shall not be rendered nonconforming by the subsequent location of a residential zoning district, school, church, childcare center, park, or playground within five hundred (500) feet of the adult establishment.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05)

A.

Lot area and setbacks. When lot area or setbacks are reduced as a result of a taking by a federal, state or local government for a public purpose, and the remaining area is at least seventy-five (75) percent of the minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this LDC.

B.

Off-street parking and buffers. When off-street parking or buffers are reduced as a result of a taking by a Federal, State or local government for a public purpose, the owner of such property shall be required to replace, to the maximum extent deemed practicable by the director, the reduced off-street parking or buffers. Such replacement shall occur no more than ninety (90) days after construction activity that reduces the available off-street parking or buffers.

C.

Sites with prior nonconformities. Sites that are nonconforming at the time of a taking by a federal, state or local government for a public purpose shall meet the same standards as other nonconformities.