This Chapter applies only to buildings, structures and nonbuilding uses in existence on the effective date of the ordinance codified in this title, which is June 7, 1974, or the effective date that the property was annexed into the City if annexed after this date. The lawful use of any premises existing on the effective date of the ordinance codified in this title may be continued although neither such use nor the bulk of the same conforms to the regulations, except as set out in this Chapter.

Any existing one-family or two-family residential building or structure, or building thereto made nonconforming as to bulk by this title or any amendment thereof, shall be permitted to comply with the yard requirements, as specified for the highest residential district in the title having the same or less plot width. In no event, however, shall the yard requirements of any plot be less than the requirements for the lowest residential district permitting the same. No front yard may in any event be closer to the designated street line than the existing established setback. For any existing building or structure on a plot having less than one-hundred-foot plot width, the minimum standards will be the same as those specified in Section 17.90.040.

Normal maintenance and repair, structural alteration in, and moving, reconstruction or enlargement of a building or structure with nonconforming bulk is permitted if the same does not increase the degree of or create any new nonconforming bulk in such building or structure.

A plot, separated from any other land in the same ownership and nonconforming as to bulk, on the effective date of this or any subsequent amendment to this title, whether or not located in and part of a subdivision plat approved by the Planning Commission and filed in the office of the recorder of deeds, may be used for any permitted or special use in the zoning district in which the plot is located, provided that such uses shall comply with the bulk and area regulations as specified in the highest residential district having the same or less plot width; and for all nonresidential plots and for all residential plots having less than the width specified in the zoning district in which the property is located, the following minimum regulations shall apply:

A.

The minimum width of each required side yard shall be twenty (20) feet for plats in AG to RE districts; and ten (10) feet for all other residential and nonresidential plots; except that when any yard in a nonresidential district abuts a residential district the requirements of the zoning regulations for yards and buffers shall be met.

B.

The total width of both required side yards may be reduced nine (9) inches for each foot the plot width is less than that specified in the provisions on general bulk regulations, up to a minimum side yard of five (5) feet for a residential structure.

C.

The minimum front yard depth shall be twenty (20) feet for plots in all districts.

D.

The minimum plot width and plot frontage shall be sixty (60) feet and minimum plot area shall be not less than fifty percent (50%) of the minimum required plot area for the district in which the property is located.

No required setback or zoning lot existing on January 1, 2001, shall be reduced in dimension or lot area below the minimum requirements set forth in these regulations, unless such yard or zoning lot is reduced by governmental acquisition for a public purpose. Setbacks or zoning lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this ordinance.

Any lot in a subdivision approved by the Planning Commission after the effective date of the ordinance codified in this title, which conforms to the bulk regulations of this title, but which is made nonconforming as to bulk by any future amendment of this title, shall have three (3) years from the effective date of the future amendment or three (3) years from the date of final approval by the Planning Commission, whichever is sooner, to obtain a building permit under the provisions of Section 17.90.040. Any subdivision lot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this title and Section 17.90.040 shall be inapplicable to such lot.

Any separate plot, nonconforming as to bulk, which becomes subsequently attached to other adjoining land in the same ownership, shall be entitled to the benefit of the provisions of Section 17.90.040 only if the total contiguous plot remains nonconforming as to bulk, after the plots become attached.

No building or structure constituting a nonconforming use shall be erected, constructed, reconstructed, enlarged or altered, or repaired in such manner as to prolong the life of such building or structure, in accordance with Section 12-758 of the Revised Statutes of Kansas.

Normal maintenance and repair of a building or structure is permitted if it does not extend the nonconforming use. No alteration or enlargement shall be made in a building or structure occupied by a nonconforming use except:

A.

When required pursuant to an order of a court of competent jurisdiction;

B.

To adapt the building or structure to a conforming use; or

C.

In a building or structure occupied by a nonconforming use permitted to extend under Section 17.90.110.

Any nonconforming use may be changed (1) to any conforming use, or (2) on application to and with the approval of the Governing Body to any use which the Governing Body deems to be more similar in character with the uses permitted in the district in which the change of use is proposed. Any nonconforming building, structure or nonbuilding use may be changed to a conforming use regardless of whether the newly created conforming use is nonconforming as to bulk, subject to approval by the Planning Commission and Governing Body and subject to the same general considerations applicable to the granting of special permits in conjunction with the provisions of this title.

If active and continuous operations are not carried on in nonconforming use during a continuous period of one (1) year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

Extension or enlargement of a nonconforming use within the following areas is prohibited:

A.

In the case of a nonconforming use in a building, the enlargement of such building so as to create additional floor area, or the extension within any existing building to any portion of the floor area therein not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming, or the extension of the use to an area outside the building; and

B.

In the case of a nonconforming nonbuilding use, the use of any additional land on which no substantial operations were previously conducted; provided, that any such extension or enlargement on the same plot occupied by the nonconforming use on the effective date of the ordinance codified in this title.

No building or structure occupied by a nonconforming use, or nonconforming as to bulk, damaged by fire or other causes to the extent of fifty percent (50%) of the fair market value of the structure, shall be repaired or rebuilt except in conformity with the regulations of this title. Any building, structure or part thereof occupied by a nonconforming use or nonconforming as to bulk, which is damaged to an extent less than fifty percent (50%) of its fair market value, excluding the assessed value of the land, may be repaired; provided, that a building permit is obtained and substantial reconstruction is undertaken and the new use is in conformance with the uses allowed in the applicable zoning district.

Any nonconforming open storage yard, or any outdoor display or storage of merchandise in connection with an auction establishment or store specializing in secondhand merchandise, which is nonconforming, either because not permitted in the district or because not located within a completely enclosed building, may be continued for three (3) years after June 7, 1974, or the effective date that the property was annexed by the City if annexed after this date; provided, that after the expiration of that period such nonconforming use shall then be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building. Any nonconforming junkyard may be continued for three (3) years after the effective date of the ordinance codified in this title; provided, that after the expiration of that period such nonconforming use shall be terminated. However, no such use will be required to terminate if within said period it shall be surrounded with a uniformly painted solid fence no less than one (1) foot higher than the highest elevation of the materials stored within such junkyard, provided such fence shall be no higher than ten (10) feet, and shall be maintained in good condition at all times.