This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or future amendments.

It is the intent of this Chapter to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions established in this Chapter. (Ord. 2024-6, 6-17-2024)

   (A)   Compliance: A nonconforming parcel that does not comply with the applicable area, parcel depth, or width requirements of this Zoning Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.

      1.   Approved Subdivision: The parcel was created by a recorded subdivision;

      2.   Individual Parcel Legally Created By Deed: The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of this Zoning Ordinance or the zoning amendment that made the parcel nonconforming;

      3.   Variance Or Lot Line Adjustment: The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or

      4.   Partial Government Acquisition: The parcel was created in compliance with the provisions of this Zoning Code but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent (20%) and the yard facing a public right-of-way was decreased not more than fifty percent (50%).

   (B)   Increase Of Nonconformity: No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. 2024-6, 6-17-2024)

   (A)   A structure which is nonconforming solely by reason that it does not conform with one or more height, yard or area regulations shall, for the purposes of this Section be deemed to be a conforming structure.

   (B)   No nonconforming structure shall be altered or enlarged, except as follows:

      1.   Where required by this Code or Statute, or to make the structure conform.

      2.   Any structure which is nonconforming solely by reason of yard or height requirements may be structurally altered or enlarged; provided, that all alterations or additions shall comply with the yard and height requirements of the zone; and further provided, that the entire structure so altered or enlarged complies with all other requirements of the title other than yard and height.

      3.   If a nonconforming structure is removed, every future use of such premises shall be in conformity with the provisions of this title.

      4.   A nonconforming structure in a C or M Zone may remain, subject to Section 11-5-3.

      5.   In all R Zones every nonconforming structure, other than a residential structure, designed or intended for use not permitted in such zone shall be completely removed or altered to structurally conform to the uses permitted in such zone within a time determined by the Commission, provided:

         (a)   Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of the building or structure as found by the Commission.

         (b)   In no event may the normal life of the structure be fixed at less than forty (40) years from its original construction.

         (c)   No such order shall require the removal or alteration of the structure sooner than ten (10) years from the time such order is made.

         (d)   Within ten (10) days after the making of such order, the Commission shall give notice thereof to the owner of record of the structure by causing a copy of the order to be personally served on the owner or mailed to the owner by registered or certified mail addressed to their residence, or if their residence is unknown, then to the address as shown by the records of the Tax Collector of the City, and by causing a copy of the order to be recorded with of the County Recorder.

         (e)   Not less than sixty (60) days and not more than ninety (90) days before the time fixed for removal or alteration, the officer in charge of issuance of use permits shall give the owner of record of such structure written notice thereof in the manner above mentioned and shall give the occupants of such structure notice thereof by leaving with any of the occupants of said structure or posting on said structure in a conspicuous place, such notice.

         (f)   Such notice may be given after the time so fixed, but in no case shall such a structure be required to be so removed or altered without at least sixty (60) days' notice being given.

      6.   Proceedings for determination of time for removal or alteration of such nonconforming structures in R Zones, as mentioned in subsection 11-5-3(F), above, may be initiated and shall be set for hearing, noticed, heard and determined in substantially the same manner as provided in the following provisions relating to amendments; provided, that all references therein to amendments shall be deemed to refer to the proceedings relating to such determination as stated in Section 11-7-7. The provisions are as follows: Section 11-7-7(B); Section 11-7-7(D); Section 11-7-7(E); subsections 11-5-4(B), (C), (D) and (F).

      7.   All decisions of the Commission in proceedings for such determination may be appealed and reviewed in substantially the same manner as provided in the following named provisions relating to appeals from decisions of the Board of Zoning Adjustment; provided, that all references therein to the Board of Zoning Adjustment shall be deemed to refer to the Commission. The provisions are as follows: Section 11-23-7; subsections 11-23-8(A) and (B). (Ord. 533, 6-5-61; amd. Ord. 2024-6, 6-17-2024)

   (A)   Nonconforming Use Continuation: The nonconforming use of a structure existing at the time this title became effective may be continued, provided:

      1.   The nonconforming use of a structure may be expanded or extended throughout the structure. A nonconforming use of a nonconforming structure may be changed to another use of the same or more restricted classification.

      2.   Conforming Structures: A nonconforming use of a conforming structure shall not be expanded or extended into any other portion of the conforming structure, and if such nonconforming use is discontinued, any future use of such structure shall be in conformity with the provisions of this title.

   (B)   Nonconforming Use Discontinuation: Notwithstanding any other provision of this Chapter, a use which is one which becomes nonconforming by virtue of an amendment of this title, change in the use or otherwise, for failure or lack of approval of a required permit or site plan review, shall be discontinued within two (2) years of the date the use becomes nonconforming or upon a date provided for by general law, whichever is earlier. The nonconforming use shall cease to exist if the required permits and/or site plan reviews are not obtained within two (2) years of the date the use becomes nonconforming. (Ord. 2024-6, 6-17-2024)

   (A)   Nonconforming Structures And Uses:

      1.   Subject to all other regulations of this Chapter, a nonconforming structure destroyed to the extent of not more than fifty percent (50%) of the permitted structure, as determined by the Building Official, by fire, explosion or other casualty or by act of God, or the public enemy, may be restored and the occupancy or use of the structure or part thereof which existed at the time of such partial destruction may be continued. The time for removal or alteration of the restored structure as mentioned in subsection 11-19-1(D) shall nevertheless be the same as if such structure had not been thus restored.

      2.   If a nonconforming structure is so destroyed to an extent of more than fifty percent (50%) of the permitted structure, as determined by the Building Official, of its reasonable value, the same may not be restored, and may not be occupied and used, except in conformity with this title.

   (B)   Nonconforming Use Of Land:

      1.   The nonconforming use of land where no structure (excepting fences) thereon is employed in connection with such use, and nonconforming signs or billboards, existing at the time this title became effective, or which thereafter becomes subject to the provisions of this title, may be continued for a period of not more than three (3) years thereafter.

      2.   If a structure is employed in connection with a nonconforming use of land, and is removed, or destroyed to the extent of more than fifty percent (50%) of the permitted structure, as determined by the Building Official, of its reasonable value by any cause, or the nonconforming use of the structure is discontinued, the nonconforming use of such land may be continued for a period of not more than three years after the date of such removal, destruction, or discontinuance.

      3.   No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, or changed, except to a conforming use.

      4.   If a nonconforming use of land, including, but not limited to, agricultural land use is permitted to be continued under any of the provisions of this section but is discontinued for one year, any future use of such land shall conform to the provisions of this Ordinance.

   (C)   Effect Of Zone Changes For Nonconformities:

      1.   All of the provisions of this chapter shall apply to structures, land, and uses which hereafter become nonconforming due to any amendment of this title.

      2.   If a zone is established by this title or is hereafter changed, to cause any boundary thereof to be located closer than the specified minimum distance to a use which under the provisions of this title may not be established within such minimum distance from the zone, then such use shall be deemed to be a nonconforming use. (Ord. 2024-6, 6-17-2024)