a.

In this ordinance there exist uses of land, structures, lots of record, signs, and site features that were lawfully established before the ordinance was adopted or amended, that do not conform to its current terms and requirements. It is the general policy of the city to allow such uses, structures, lots of record, signs, and site features to continue to exist. It also is the policy of the city to bring as many of these nonconformities into conformance with this ordinance as is reasonably practicable, subject to the requirements of this article.

b.

The purpose and intent of this article is to recognize the interests of the landowner in continuing to use their land, but to preclude the expansion of a nonconformity or reestablishment of a discontinued or substantially destroyed nonconformity unless allowing such expansion or reestablishment can serve as an incentive to achievement of great public benefit.

(Ord. No. 9572, § 2, 12-17-24)

a.

Authority to continue. Nonconformities are allowed to continue and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

b.

Determination of nonconformity status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

c.

Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, signs, and site features in a safe condition are permitted. For the purposes of this subsection, minor repair or normal maintenance means:

1.

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

2.

Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

d.

Change in tenancy or ownership. No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

(Ord. No. 9572, § 2, 12-17-24)

a.

General. Nonconforming uses are declared generally incompatible with the permitted uses in the zoning district in which they are located. Nonconforming uses shall be subject to the standards in this section.

b.

Extension, expansion, or relocation.

1.

A nonconforming use shall not be extended, expanded, or moved to occupy a different area of a structure or lot, except an existing nonconforming use may extend into any portion of a structure that was clearly designed or arranged for the particular use when the use became nonconforming, subject to the limitations in subsection 2. below.

2.

A nonconforming use shall not be increased in intensity or impact with regard to its impact on surrounding properties due to noise, smoke, odor, glare, vibration, radiation, or fumes on neighboring properties.

c.

Change in use.

1.

An existing nonconforming use may be converted to another nonconforming use, subject to approval of a special exception permit (see section 25-39, special exception use permit) with the following additional findings:

i.

The new nonconforming use is equally appropriate or more appropriate to the district than the existing nonconforming use;

ii.

The new nonconforming use would improve the character of the immediate neighborhood; and

iii.

Any appropriate conditions are placed on the use to ensure compliance with these findings and the standards for a special exception use permit in accordance with section 25-39, special exception use permit.

2.

Except as provided in subsection 1. above, a nonconforming use may only be changed to a use that is permitted in the zoning district in which it is located. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

d.

Discontinuance or abandonment of nonconforming use.

1.

If a nonconforming use ceases to operate or is discontinued or abandoned for a period of six (6) consecutive months or longer, or eighteen (18) months within a three-year period, it shall not be reestablished and shall only be replaced with a conforming use.

2.

Any property owner executing a lease, as lessor, after January 1, 2025 shall be determined to have notice of this provision, and any discontinuance of a nonconforming use by a lessee under such a lease shall be conclusively presumed to have been with the knowledge and consent of the lessor.

e.

Structures used for nonconforming use. Any reconstruction or repair of a damaged nonconforming structure in which a nonconforming use is located shall be subject to the same provisions applicable to nonconforming structures in section 25-193, nonconforming structures.

(Ord. No. 9572, § 2, 12-17-24)

a.

General. Nonconforming structures shall be subject to the standards in this section.

b.

Relationship with conforming and nonconforming uses. Where a nonconforming structure contains a conforming use, only the nonconforming structure is subject to the standards and limitations in this section. Where a nonconforming structure contains a nonconforming use, the nonconforming structure is subject to the standards and limitations of this section and the nonconforming use is subject to the standards and limitations in section 25-192.

c.

Continuation of nonconforming structures. An existing building or structure not conforming to the dimensional standards of the zoning district in which it is located may be continued in accordance with this section.

d.

Enlargement, alteration, or extension.

1.

Nothing in this section shall be construed to prevent the restoration of an historical or architectural landmark, as designated by the local, state, or federal government.

2.

Nonconforming structures shall not be expanded or enlarged unless such expansion or enlargement complies with all applicable dimensional standards in the district in which it is located.

3.

No nonconforming structure occupied by a nonconforming use shall be enlarged, extended, constructed, reconstructed, or moved except in changing the use of the structure to a use permitted in the district in which it is located.

4.

Removal or destruction of a nonconforming structure, except an historical or architectural landmark, as designated by the local, state, or federal government, shall eliminate the nonconforming status of the property. Destruction for the purpose of this subsection is defined as damage to an extent that repair is estimated to cost more than fifty (50) per cent of the structure's assessed value at time of destruction determined by the chief building official according to International Code Council Standards.

e.

Reconstruction or repair.

1.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

2.

If any official charged with protecting the public safety deems emergency repairs to a nonconforming structure or portion of a structure containing a nonconforming use to be necessary and orders such repairs, nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any such structure or portion of a structure.

(Ord. No. 9572, § 2, 12-17-24)

a.

General. No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.

b.

Structures on nonconforming lots. Nonconforming structures legally established on a nonconforming lot of record before January 1, 2025 may be continued, enlarged, or redeveloped only in accordance with the standards in section 25-193.

c.

Combination of lots to eliminate nonconformity.

1.

If a vacant nonconforming lot of record with a width of less than fifty (50) feet or an area of less than five thousand (5,000) square feet that is located in any zoning district in which single-family dwellings are permitted abuts another lot of record (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots, or lot(s) that are less nonconforming with approval of the zoning board of adjustment.

2.

If two (2) or more lots of record or combination of lots of record and portions of lots with continuous frontage in single ownership are of record, all or part of which does not measure at least fifty (50) feet in width and at least five thousand (5,000) square feet in area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area standards established by this ordinance, nor shall any division of the parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

d.

Requirements.

1.

In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record (not subject to c above), if it complies with the other dimensional standards of the zoning district in which it is located. If the other dimensional standards do not comply, a variance must be obtained through approval of a variance permit in accordance with section 25-43, variance.

2.

Any vacant lot cannot be sold or built upon if the action will create a setback violation on an adjacent lot of record under the same ownership, unless prior approval is granted by the zoning board of adjustment. (Lots of record purchased prior to January 1, 2025 are exempt from this requirement).

3.

In any zoning district in which duplexes are permitted, a duplex may be built on a nonconforming lot of record which was of record on January 1, 2025 which is at least sixty-five (65) feet wide and six thousand five hundred (6,500) square feet in area, if it complies with other dimensional standards of the zoning district in which it is located.

4.

If the nonconforming lot is in a zoning district where nonresidential uses are permitted and can be used in conformity with all of the regulations applicable to the intended use, except the lot of record is smaller than the required minimums in the zoning district, then the lot may be used as proposed. However, no use that requires a greater lot size than the established minimum lot size for a particular zoning district is permitted on a nonconforming lot.

(Ord. No. 9572, § 2, 12-17-24)

a.

General.

1.

Applicability. A nonconforming sign or billboard may be continued. It shall be maintained in accordance with this section.

2.

Requirements.

i.

A nonconforming sign or billboard shall not be:

(a)

Structurally changed to another nonconforming sign, but the sign face and message may be changed;

(b)

Structurally altered to prolong the life of the sign, including the addition or replacement of any structural supports and or ground or foundation supports;

(c)

Expanded or altered in any manner that increases the degree of nonconformity; or

(d)

Continued in use after a new freestanding sign or sign structure is erected on the same parcel or unit.

ii.

Should any nonconforming structure of a sign or billboard, or nonconforming portion of any structure be removed, destroyed, or become structurally deteriorated (excluding foundations) by any means to an extent of more than fifty (50) per cent of the structure as determined by the chief building official, it shall not be reconstructed except in conformity with article VI, division 10, signs and billboards, or removed.

b.

Illegal signs and billboards.

1.

Applicability. An illegal sign or billboard is a sign or billboard which:

i.

Does not conform to the standards in article VI, division 10, signs and billboards; and

ii.

Was erected or maintained in violation of the applicable requirements or ordinances in effect at the time it was erected.

2.

Removal or conformance. Illegal signs shall be removed or made to conform to the standards in article VI, division 10, signs and billboards, by the owner or user of the sign, or by the owner of the premises upon which it is located.

c.

Nonconforming billboards.

1.

Applicability. No new billboards shall be constructed except in accordance with this section and article VI, division 10, signs and billboards.

2.

Requirements.

i.

The number of current billboards and their supporting structures existing on January 1, 2025 shall be capped except that such cap shall not apply to the Interstate 20/59 corridor where billboards may be constructed subject to and in accordance with the requirements of this ordinance. Billboards that were in compliance with the requirements of the ordinance on December 4, 2007, are deemed to be conforming billboards. Billboards that were nonconforming on December 4, 2007, are deemed to be nonconforming billboards and shall be subject to the provisions of this section and article VI, division 10, signs and billboards.

ii.

Existing nonconforming billboards may be converted to accommodate electronic, digital, video, or tri-vision technology, subject to article VI, division 10, signs and billboards, provided that such structures are structurally able and capable to support a conversion to electronic, digital, video, or tri-vision technology. The existing foundation, ground-supporting poles or beams shall not be reinforced to accommodate electronic, digital, video or tri-vision technology except that an existing monopole structure may be modified to accommodate electronic, digital, video or tri-vision technology by limiting such modifications to the foundation and header of the pole. The conversion of any existing nonconforming billboard shall be permitted by the chief building official.

iii.

The owner of an existing nonconforming billboard may remove the existing billboard from a nonconforming site to an approved and conforming location, including such areas annexed into the city subsequent to January 1, 2025 provided that such areas are not included in the billboard-free zone, only after a permit is obtained as set forth in section 25-42, sign permit and article VI, division 10, signs and billboards, and compliance with all other provisions of this section, this article, and this ordinance. Permits to erect or construct a billboard along federal or state-controlled highways in conforming locations must be obtained from the city and the state department of transportation.

(Ord. No. 9572, § 2, 12-17-24)

If a nonconformity is created due to eminent domain or voluntary donation of a portion of the lot for a public purpose that results in a nonconformity, the lot shall be deemed a conforming lot upon the director of planning approving a concept site plan for development of the lot that demonstrates the development existing or proposed on the lot:

a.

Complies with article V, division 2, principal uses;

b.

Complies with the dimensional standards of the zoning district in which it is located, to the maximum extent practicable;

c.

Complies with the off-street parking and landscaping standards of this ordinance, to the maximum extent practicable;

d.

Complies with all other standards and requirements of this ordinance; and

e.

Is designed and configured in a way that is compatible with surrounding development.

(Ord. No. 9572, § 2, 12-17-24)