It is the intent of this article to permit nonconforming premises and uses to continue until they are removed, but not to encourage their continuation indefinitely. Nonconforming premises and uses are declared by this article to be incompatible with permitted uses in the zoning districts created under this article. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other buildings, structures or uses prohibited elsewhere in the same district.

(Code 1995, § 14.02.921; Ord. No. 2009-05-07D, art. XVI, § 1, 5-7-2009)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fences means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Nonconforming fences means a fence, the height or location of which were lawful prior to the date of adoption of the ordinance from which this article is derived or amendments thereto, but which fails by reason of such adoption or amendments to conform to the regulations of the district in which they are located.

(Code 1995, § 14.02.922; Ord. No. 2009-05-07D, art. XVI, § 2, 5-7-2009)

(a)

Except as otherwise provided under this article, any nonconforming building, structure, use or lot may be continued after the adoption of this article or amendments thereto.

(b)

The right to continue a nonconforming building, structure, lot or use shall be subject to regulations intended to protect adjacent properties by preventing the creation of nuisances.

(Code 1995, § 14.02.923; Ord. No. 2009-05-07D, art. XVI, § 3, 5-7-2009)

Any nonconforming building or structure may, so long as it remains otherwise lawful, be continued subject to the following requirements and limitations:

(1)

Except as otherwise required by ordinance or law, a nonconforming building or structure may not be altered in a manner that increases the extent of its nonconformity.

(2)

Except as otherwise required by ordinance or law, a nonconforming building or structure must be brought into conformity if:

a.

Fifty percent of the square footage of the building or structure is demolished, excluding a permit for interior construction or remodeling only; or

b.

If the nonconforming building or structure is moved, it shall conform to the regulations for the district within or into which it is moved.

(3)

The provisions of subsection (2)a of this section do not apply to the demolition of the roof of a building or structure.

(4)

If the nonconforming building or structure, other than a dwelling, is damaged or destroyed by fire or other accident or natural means, the building official shall, upon application by the owner thereof, issue a permit for repair or reconstruction of the building or structure, provided that the repair or reconstruction conforms with the construction materials standards set forth in section 107-107, the compatibility standards set forth in section 107-116, and will not increase the extent of the nonconformity of the building or structure.

(5)

If the nonconforming building or structure that is a dwelling is damaged or destroyed by fire or other accidental or natural means, the building official shall, upon application by the owner thereof, issue a permit for repair or reconstruction of the building or structure if the repair or reconstruction will not increase the extent of the nonconformity of the building or structure.

(6)

Nothing in this article shall be deemed to:

a.

Prevent ordinary repairs to nonconforming buildings or structures;

b.

Prevent alterations of or extensions to nonconforming building or structures as required by law or ordinance; or

c.

Prevent the restoration to a safe condition of any nonconforming building or structure, or portion thereof, declared to be unsafe by the building official or other duly authorized official.

(Code 1995, § 14.02.924; Ord. No. 2017-09-13, 9-13-2017)

A nonconforming use may be continued after the adoption of this article or amendments thereto, subject to the following requirements and limitations:

(1)

A nonconforming building or structure may not be moved or altered in any manner except for the purpose of bringing the use of the structure or building into conformance with the requirements of this article.

(2)

A nonconforming use may be extended into portions of a building or structure that were manifestly designed and constructed for such use prior to the adoption of this article or amendments thereto; provided that a nonconforming use may not be extended to occupy any land outside of the building or structure in which the use is conducted.

(3)

A nonconforming use may be changed to another nonconforming use if:

a.

No structural alterations are made; and

b.

The board finds that the proposed use is equally or more appropriate to the district than the existing use. If the board authorizes the change of one nonconforming use to another nonconforming use, the board may impose requirements as a condition of such change.

(4)

If a nonconforming use is superseded or replaced by a permitted use, neither the particular nonconforming use nor any other nonconforming use shall thereafter be conducted at the same premises.

(5)

If a nonconforming use of land, buildings or structures is abandoned, any subsequent use of the premises shall conform to the regulations applicable to the district in which the use is located. Any nonconforming use which is discontinued a period of 90 days shall be deemed to have been abandoned whether or not so intended. Provided, that when a nonconforming use is discontinued, for whatever period of time, for the purpose of making repairs to the particular building or structure, such use shall not be deemed to have been abandoned.

(6)

For a nonconforming use of a dwelling in a residential zoning district that results from restrictions on residence or occupancy of the dwelling pursuant to section 107-68(b), if the residence or occupancy of the dwelling is pursuant to one or more leases for use of the dwelling, the nonconforming use shall be deemed discontinued at the end of the term of each lease or option term (if such option is exercised) in effect on the effective date of the ordinance from which this section 107-68(b) is derived. A nonconforming month-to-month tenancy in effect on the effective date of section 107-68(b) shall be deemed discontinued on the first day of the month that is three months after the effective date of section 107-68(b).

(Code 1995, § 14.02.925; Ord. No. 2011-11-16(A), 11-16-2011; Ord. No. 2009-05-07D, art. XVI, § 5, 5-7-2009)

(a)

A dwelling may be constructed on any lot existing prior to the adoption of the ordinance from which this article is derived in a residential district which fails to meet the minimum lot size of this article.

(b)

A dwelling shall not be constructed on any lot in a residential district which fails to meet the setback requirements of this article.

(Code 1995, § 14.02.926; Ord. No. 2009-05-07D, art. XVI, § 6, 5-7-2009)

(a)

A nonconforming fence may be continued, and may be maintained, except as provided in this article or otherwise provided by law. No person shall add on to a nonconforming fence in any manner which increases its nonconformance, including, but not limited to, adding additional height or adding additional fence length.

(b)

Loss of nonconforming status. Any side-yard or front-yard nonconforming fence which is located on a corner lot loses its nonconforming status and becomes an illegal fence if:

(1)

The fence is damaged or deteriorated to such an extent that 50 percent or more of the fence must be rebuilt or repaired;

(2)

The fence is moved to any extent unless the moving was due to installation, maintenance or repair of public streets or utilities;

(3)

The fence has been altered in any way except for normal wear and tear, routine painting, or routine pruning of plant materials; or

(4)

More than 50 percent of the entire fence existing on such property has been moved, replaced or repaired within a period of one year or less.

Should any fence lose its nonconforming status, the illegal fence shall not be reconstructed or rebuilt except in conformance with the provisions of the city's ordinances.

(Code 1995, § 14.02.927; Ord. No. 2009-05-07D, art. XVI, § 7, 5-7-2009)