The provisions of this section shall apply to all non-conforming uses, lands and structures. A non-conforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date these zoning regulations or any amendment thereto became effective (July 26, 1990) and which fails to conform to one or more of the applicable regulations of the zoning regulations or such amendment thereto. Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of disadvantage.

(Code 2006, § 405.285; Code 2008, § 405.285; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Existing non-conforming uses of land and structures are not to be expanded, enlarged or relocated; however, their continued, lawful existence, within the requirements of this chapter, may be continued subject to the provisions of this chapter.

(Code 2006, § 405.290; Code 2008, § 405.290; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Where, on the date of adoption (July 26, 1990) or amendment of this chapter, a lawful use of a parcel or lot (such use not involving any building or structure or upon which parcel or lot a building or structure is accessory to such principal use) exists that is no longer permissible under the provisions of this chapter, such principal use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

Enlargement. No such non-conforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this chapter and no additional accessory use, building or structure shall be established thereon.

(2)

Relocation. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this chapter or to a parcel or lot not in conformance with this chapter.

(3)

Discontinuance. If such non-conforming use of a parcel or lot ceases for any reason for a period of more than 180 consecutive days (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this chapter for the district in which such parcel or lot is located. For the purposes of this chapter, cessation of the non-conforming use shall mean no further active use of the property in the principal non-conforming manner. Continued simple ownership or use of the property for some clearly secondary purpose, such as storage, shall not be considered a continuance of the non-conforming use.

(Code 2006, § 405.295; Code 2008, § 405.295; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Where, on the date of adoption or amendment of this chapter, a lawful building or structure exists that could not be built under the regulations of this chapter by reasons of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

Enlargement. Such building or structure may be enlarged, expanded, extended or altered only if the non-conformity is removed and the improvement conforms to the zoning regulations.

(2)

Destruction. Should any such building or structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Relocation. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(Code 2006, § 405.300; Code 2008, § 405.300; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Where, on the date of adoption or amendment of this chapter, a lawful use of a building or structure exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

Enlargement. The use of an existing building or structure devoted to a use not permitted by this chapter in the district in which it is located shall not be enlarged, expanded, reconstructed, moved or structurally extended or altered to occupy a greater area of floor space, except in changing the use of such building or structure to a use permitted in the district in which such building or structure is located.

(2)

Change in use not permitted. An existing non-conforming land use or structure shall not cause further departures from the zoning regulations. Although an existing non-conforming use may continue, except as hereinafter limited, it may not be changed to another use, except a use permitted in the district in which it is situated and provided it complies with the requirements of that district.

(3)

Discontinuance. When a non-conforming use of a building or structure is discontinued or abandoned for more than 180 consecutive days (except where government action prevents access to the premises), the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(Code 2006, § 405.305; Code 2008, § 405.305; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

(a)

Nothing in this chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than 50 percent of its replacement value (excluding the value of the land, the cost of preparation of the land, and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within six months of such destruction and diligently prosecuted to completion within one year following such destruction.

(b)

Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than 50 percent of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the building official/community development director by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated.

(c)

When a structure is determined to be substandard by the proper administrative official of the city under any applicable ordinance of the city and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed 50 percent of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for continuing a non-conforming use. However, none of the restrictions contained in this section shall limit the authority of the board of adjustment to grant relief for reconstruction of a non-conforming structure as provided in this chapter.

(Code 2006, § 405.310; Code 2008, § 405.310; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001; Ord. No. 3177, § 1, 8-24-2011)

There may be a change of tenancy, ownership or management of an existing non-conforming use, building or structure provided there is no change in the nature or character, extent or intensity of such non-conforming use, building or structure.

(Code 2006, § 405.315; Code 2008, § 405.315; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

To avoid undue hardships, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption (July 26, 1990) or amendment of this chapter and upon which actual building construction has been carried on diligently. Nothing herein contained shall require any change in the plans or designated use of a building for which a building permit had been heretofore issued, or plans or final subdivision plats which have been approved by the board of aldermen at the time of the passage of this chapter.

(Code 2006, § 405.320; Code 2008, § 405.320; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Existing uses eligible for conditional use permits shall not be non-conforming uses but shall require a conditional use permit for any alteration, enlargement or extension.

(Code 2006, § 405.325; Code 2008, § 405.325; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

(a)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of adoption (July 26, 1990) or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership as of the date of adoption of this chapter.

(b)

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 other requirements, not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for this chapter, and no portion of the parcel or lot shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in this chapter.

(Code 2006, § 405.330; Code 2008, § 405.330; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Whether a non-conforming use exists is a question of fact and shall be decided by the community development director upon application by the owner or developer of any existing structure or building or use for a certificate of non-conforming use. The burden shall be on the owner or developer to establish an entitlement to continue a non-conformity or to complete a non-conforming development. The community development director shall review all evidence submitted, inspect the structure, building or use that is the subject of the application, and grant or deny the certificate. Within 45 days from the date on which the community development director issues a decision to grant or deny the certificate, the decision of the community development director may be appealed to the board of adjustment that shall hear and decide such an appeal.

(Code 2006, § 405.335; Code 2008, § 405.335; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001; Ord. No. 3177, § 1, 8-24-2011)

A non-conforming use in violation of a provision of the ordinance which this ordinance repeals shall not be validated by the adoption of this ordinance.

(Code 2006, § 405.340; Code 2008, § 405.340; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Where a non-conforming use exists and a conforming use is proposed, the non-conforming use must cease upon initiation of the conforming use. No joint use of either buildings, structures or land shall be permitted.

(Code 2006, § 405.345; Code 2008, § 405.345; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

The existence of any present non-conformity anywhere in the city shall not itself be considered grounds for the issuance of a variance for other property.

(Code 2006, § 405.350; Code 2008, § 405.350; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

A non-conforming use of land shall not be moved to another part of a lot or outside the lot, and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became non-conforming except that in the case of extraction of raw materials from the earth, extraction operations and moving of related structures may occur on any part of the tract owned or leased by the operator at the time of becoming a non-conforming use.

(Code 2006, § 405.355; Code 2008, § 405.355; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

Within five years of the date of the adoption of this chapter (July 26, 1990) or the date of adoption of any applicable amendments to this chapter, any use, that is or becomes a non-conforming use, shall be brought into conformance with the environmental performance standards established in article IV of this chapter. The non-conforming use of open land for junk yards, storage (other than stockpiling of sand, gravel and rock as an accessory operation to the extraction of raw material from the earth) and non-conforming structures containing 200 square feet of ground floor space or less shall be discontinued within five years of the date of their becoming non-conforming uses by the adoption of this chapter, amendments to this chapter, or previous zoning regulations. Any use listed in this section need not be discontinued in the event that the adoption of this chapter or amendments to this chapter changes the status of such use from that of a non-conforming use to that of a permitted use in the district in which it is located. Any use not in line with conformance standards will not conform.

(Code 2006, § 405.360; Code 2008, § 405.360; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

In those instances where a building or structure is non-conforming due to an inadequate yard setback only, such structure or building may be improved to the extent that the proposed improvement does not:

(1)

Increase the non-conformity of the particular setback; or

(2)

Create a new and different non-conformity, such as a different yard setback, parking, or so forth.

(Code 2006, § 405.365; Code 2008, § 405.365; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1746, § 3, 3-28-2001)

A building or lot containing a non-conforming use may not be enlarged, extended, reconstructed or altered unless such use is made to conform to the regulations of the district in which it is located; provided, however, that in case of evident hardship a building containing a non-conforming use may be enlarged an amount not greater than 25 percent of its present ground floor area by variance from the board of adjustment after public hearing.

(Code 2006, § 405.367; Code 2008, § 405.367; Ord. No. 1746, § 3, 3-28-2001)