The provisions of this article govern all nonconforming uses.

(Ord. 3639, passed - -2000)

   Any use of a lot or tract of land which existed, and any use of a building or structure which was in existence or the construction of which had begun, on the date when this chapter was enacted, and which was lawful immediately prior to the enactment of this chapter, constitutes a nonconforming use and may be continued although such use fails to conform to regulations provided in this chapter, except as otherwise provided in this article as originally enacted or hereafter amended. The burden to show the facts necessary to establish the existence of a nonconforming use, and of a right to continue the same, shall be upon the person asserting that the lot, tract of land, building, or structure enjoys such status.

(Ord. 3639, passed - -2000)

   The failure of a building in use to comply with any yard, court, lot area, lot area per dwelling unit, or lot coverage required by this chapter is not a nonconforming use.

(Ord. 3639, passed - -2000)

   Any building or structure, the construction or planned use of which does not conform to the requirements of this chapter at the time when this chapter was enacted, but a building permit for which had been issued and the construction of which had been commenced at the time when this chapter was enacted, may be completed in accordance with the plans in respect which the building permit was issued if the construction is completed within one year after the building permit was issued. In such event, such planned use of the building or structure is a nonconforming use.

(Ord. 3639, passed - -2000)

   A building or structure whose use is nonconforming shall be kept repaired in sound condition.

(Ord. 3639, passed - -2000)

   (A)   A building or structure whose use is nonconforming may not be enlarged or increased to occupy more area than the building occupied on its lot or tract of land when this chapter was enacted, nor may its nonconforming use be enlarged or increased within the building or structure; provided, if the only nonconforming use is a legal nonconforming use in relation to setback requirements, the existence of such nonconforming use shall not prohibit:

      (1)   The construction of an addition to a building or structure, or the construction of an accessory building, which does not otherwise fail to conform to the requirements of this chapter; or

      (2)   The enlargement or increase of a use within the building or structure which does not otherwise fail to conform to the requirements of this chapter.

   (B)   Neither may a building or structure whose use is nonconforming be moved in whole or in part to any other part of a lot or tract of land it occupies so long as any part of its use is nonconforming.

(Ord. 3639, passed - -2000)

   A building or structure whose use is nonconforming, and which is damaged or partially destroyed by fire, flood, wind, earthquake, or any other calamity so that its fair market value after the damage or partial destruction is more than 50% of its appraised value established for tax purposes immediately before the damage or partial destruction, may be restored to its former condition and its nonconforming use continued if restoration is begun within one year after the damage or partial destruction and diligently continued to completion. If the fair market value of such a building or structure after such damage or partial destruction is less than 50% of its appraised value established for tax purposes immediately before the damage or partial destruction, it may be repaired, restored, or reconstructed only if after repair, restoration, or reconstruction, the building or structure complies with all requirements of this chapter. Provided, any repair or restoration of a building or structure must comply fully with the provisions of this municipal code regulating such work.

(Ord. 3639, passed - -2000)

   The nonconforming use of land on which at the time of enactment of this chapter there is no building having an assessed valuation for tax purposes in excess of $750 shall be converted to a use conforming with this chapter within a period of five years if located within an R District, or within three years if located within an O-P, C, or M District.

(Ord. 3639, passed - -2000)

   The use of any building or structure which is nonconforming may not be changed to a different nonconforming use, except one that is of the same or a more restrictive classification.

(Ord. 3639, passed - -2000)

   A lot, tract of land, building, or structure, or any combination thereof, whose use is nonconforming and which becomes and remains vacant and unoccupied for a continuous period of one year may only be re-occupied for a use that conforms to all the requirements of this chapter.

(Ord. 3639, passed - -2000)

   Anything in any other provision of this article to the contrary notwithstanding, the restrictions in §§ 25-15-6, 25-15-7, and 25-15-10 of this chapter shall not apply to a residence use if there is no increase in the number of dwelling units in such residence building unless such use is in a Floodplain Overlay Zone or a Floodplain District.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   Manufactured homes shall comply with the provisions of this article pertaining to buildings; provided, a manufactured home may be replaced at any time by a more recent model home; provided, further, if the manufactured home is in a Floodplain Overlay Zone or Floodplain District, it shall comply with all of the provisions of Article 19 of this chapter, as amended, applicable to manufactured homes.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   Anything in any other provision of this article to the contrary notwithstanding, a use of any structure or other use of premises in a Floodplain Overlay Zone which existed and was lawful immediately prior to the enactment of Article 19 of this chapter, and which still existed on November 12, 1979, may be continued even if it was not, and is not, in conformity with all provisions of such article or amendments thereof; provided, no such use, if discontinued for a period of one year, may be re-established. Any use which does not conform to the provisions of Article 19 of this chapter or any amendment thereof may not be changed to another non-conforming use.

(Ord. 3639, passed - -2000; Ord. 4293, passed 11-7-2022)

   No structure in a Floodplain Overlay Zone which, although lawful immediately prior to the enactment of Article 19 of this chapter, is not in conformity with all provisions of such Article 19 of this chapter as amended, may be enlarged or otherwise altered except in conformity with the requirements of such article as amended; provided, the ground floor area of any structure in existence on June 26, 1978, may be enlarged:

   (A)   If the enlargement does not exceed 25% or 250 square feet, whichever is greater; and

   (B)   If, in addition, the value of the structure after the enlargement does not exceed 150% of the value of the structure before the enlargement.

(Ord. 3639, passed - -2000; Ord., 4293, passed 11-7-2022)

   Anything in this article to the contrary notwithstanding, this article shall not be construed to prohibit:

   (A)   The expansion of a nonconforming use of a feedlot or corral from the level of use existing at the time of enactment of this section to a level not exceeding the highest level which was attained during the five-year period immediately preceding the expansion, providing no part of the feedlot or corral is situated within 1,000 feet of a nonagricultural residence;

   (B)   The moving of a nonconforming feedlot or corral which is in use at the time of enactment of this section to a location such that no part of the feedlot or corral is situated within 1,000 feet of a nonagricultural residence, providing the use thereafter does not exceed the highest level of use of the feedlot or corral which was attained during the five-year period immediately preceding commencement of the moving; or

   (C)   A resumption of the use of a nonconforming feedlot or corral which had been wholly discontinued, providing:

      (1)   The resumption occurs not more than five years after enactment of this section, or more than five years after the prior use was terminated, whichever is later;

      (2)   The resumed use does not exceed the highest level of use which was attained during the five-year period immediately preceding discontinuance of the use; and

      (3)   No part of the feedlot or corral is situated within 1,000 feet of a nonagricultural residence.

(Ord. 3639, passed - -2000)

   A lot of record which was lawfully in existence at the time of the adoption of this chapter, the width or area, or both, of which is less than the minimum requirement of this chapter nevertheless may be occupied and used in conformity with all other requirements for its zone if:

   (A)   Minimum lot area and minimum lot width are each a minimum of 50% of what would otherwise be required; and

   (B)   All yard and lot coverage requirements of this chapter are met.

(Ord. 3971, passed - -2008)