The purpose of this article is to establish regulations and limitations for exceptions to the continued existence of uses, lots and structures which were established prior to the effective date of this chapter, as amended, which do not conform to the provisions of this chapter. Such nonconformities may continue, but the provisions of this article are designed to curtail enlargement or expansion of such nonconformities and to encourage their eventual elimination in order to preserve the integrity of the zoning districts and the regulations established by this chapter.

(Ord. No. 3307, 3-25-03)

Any nonconforming use, structure or lot which legally existed prior to the effective date of this chapter, as amended, or any use, structure or lot which has been rendered nonconforming by the provisions of this chapter may continue to be utilized in the same fashion as existed prior to the adoption of these regulations, provided that the nonconforming use, structure or lot complies with all other applicable city ordinances, including expansion of the nonconformity as outlined in section 3(a) of this article.

(Ord. No. 3307, 3-25-03; Ord. No. 5093, § 1, 9-13-16)

A.

Expansions. The planning commission shall determine the amount of expansion to be allowed on a case by case basis based upon the impact determined to exist on the adjacent property owners but in no case in excess of thirty (30) percent of the existing improvements and/or use of the applicants land area. Expansion may not be allowed if the impact on the surrounding properties is determined to be detrimental by the planning commission.

B.

Change of use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification provided that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accord with the provisions of this chapter.

C.

Abandonment or discontinuance. When a nonconforming use has been discontinued or abandoned for a period of six (6) months, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zoning district in which such land or structure is located.

D.

Site plan review. Site plan review (article 2, section 13) is required for expansions of nonconforming uses.

(Ord. No. 3307, 3-25-03)

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

A.

Enlargement, repair or alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered; provided, however that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of the existing structure. Any structure or portion thereof may be altered to decrease its nonconformity.

B.

Damage or destruction. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it may be reconstructed provided no nonconformity is created beyond that of the previously existing structure.

C.

Relocation. 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.

D.

Mobile homes and residential manufactured housing. Any mobile or residential manufactured home which has become substandard or has been destroyed may be replaced by a residential manufactured housing unit of at least the size of the unit which is being replaced, or larger, so long as no additional nonconformity is created.

(Ord. No. 3307, 3-25-03)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this article, notwithstanding limitations imposed by other provisions of this article. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment.

Owners of lots which have been rendered unbuildable by the size and area provisions of this article may request, as a hardship variance, relief from the strict application of this article. The property owner must show to the board of adjustment that the subject property is so restricted that the buildable area is not sufficient for reasonable construction.

(Ord. No. 3307, 3-25-03)