(A)   Authority to continue nonconforming uses. The use of land or buildings or structures, which was lawful upon the effective date of this chapter, although not conforming to the provisions hereof, may be continued subject to the terms of this subchapter.

   (B)   Nonconforming accessory uses. No accessory use to a nonconforming use shall continue after termination of the nonconforming use unless such accessory use otherwise complies with the provisions of this chapter.

(Ord. 09-0721, passed 7-21-2009)

   A structure lawfully existing on the effective date of the provisions of this chapter, although not conforming to the provisions hereof, shall be allowed to continue in existence subject to the terms of this subchapter.

(Ord. 09-0721, passed 7-21-2009)

   The following are hereby declared to be lawfully existing nonconforming uses or structures:

   (A)   Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of the provisions of this chapter;

   (B)   Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of any amendment to this chapter, the result of which amendment renders such use or structure nonconforming; and

   (C)   Any existing use or structure not in conformance with the regulations of the zoning district in which it is located at the time of annexation into the city.

(Ord. 09-0721, passed 7-21-2009)

   The status of nonconforming uses and nonconforming structures are not affected by ownership and/or occupancy change, except as otherwise provided herein.

(Ord. 09-0721, passed 7-21-2009)

   Normal maintenance and incidental repair may be performed on a complying structure that contains a nonconforming use or on a nonconforming structure. This section shall not be construed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the Building Official who declares a structure to be unsafe and orders its restoration to a safe condition.

(Ord. 09-0721, passed 7-21-2009)

   (A)   Abandonment. Under this chapter a nonconforming use may be abandoned subject to the following:

      (1)   Determination. A nonconforming use of land or of a structure in a district that is discontinued or remains vacant for a continuous period of six months shall be presumed to be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the structure or land site must conform with the regulations for the district in which it is located. This subsection shall not apply to the residential use of a nonconforming dwelling unit in the "NC" "GC", or "GI" districts.

      (2)   Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Building Official, that during such period the owner of the land or structure has been:

         (a)   Maintaining the land and structure in accordance with the building code and did not intend to discontinue the use;

         (b)   Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or

         (c)   Engaged in other activities that would affirmatively prove there was not intent to abandon.

      (3)   Calculation of period of abandonment. Any period of such discontinuance caused by government action, fire or natural calamities and without any contributing fault by the nonconforming user shall not be considered in calculating the length of discontinuance pursuant to this section.

   (B)   Movement, alteration and enlargement. No nonconforming use may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except as follows:

      (1)   Enlargement. A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or land site that it did not occupy on the effective date of the provisions of this chapter. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension. The enlargement, expansion or extension of a nonconforming residential use shall be excepted from this limitation, provided that the enlargement, expansion or extension does not exceed fifty (50) percent of its appraised value as it existed prior to the enlargement, expansion or extension; it was not destroyed to the extent of 50% or more; and, it complies with all other regulations, e.g. height, setbacks, etc., for the property on which it is located.

      (2)   Exterior or interior remodeling or improvements to structure. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the nonconforming use.

      (3)   Relocation of structure. A structure containing a nonconforming use may not be relocated to another site unless the use shall conform to the regulations of the district into which the structure is relocated.

      (4)   Change of nonconforming nonresidential use to another nonconforming use. Upon application to the Building Official, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of the same or similar type, but of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.

(Ord. 09-0721, passed 7-21-2009)

   Mobile homes lawfully existing and occupied within the city prior to the effective date of the provisions of this chapter, shall be allowed to continue and be maintained. No expansion or enlargement of a mobile home shall be allowed; provided, however, mobile homes or manufactured homes heretofore installed in compliance with city ordinances, being properly permitted thereunder, utilized continuously as a residence, and being connected to all utilities, may be replaced with newer model manufactured homes, subject to the requirements of this chapter and other applicable law. In the event of such replacement, documentation as to the use and connection to utilities must be provided to the city, and the old unit must be removed and the new unit must be installed within 90 days. An extension of such 90-day limit on replacement may be granted by the Building Official if additional time is necessary because of a natural disaster, fire, death, legal proceeding, or other factor beyond the control of the owner.

(Ord. 09-0721, passed 7-21-2009)

   The continued existence of nonconforming accessory uses and nonconforming accessory structures shall be subject to the provisions governing principal nonconforming uses and nonconforming structures as set forth herein.

(Ord. 09-0721, passed 7-21-2009)

   Notwithstanding the minimum requirements for lot size within the various zoning districts, structures may be constructed, built, moved onto, expanded, reconstructed, occupied, or used on a nonconforming lot of record that existed prior to the effective date of this chapter, or any amendment hereto, provided, all such structures shall meet al! other applicable requirements of this chapter.

(Ord. 09-0721, passed 7-21-2009)

   It is the city's desire to promote building longevity and architectural creativity by requiring a certain percentage of masonry construction on building exterior walls. The masonry guidelines set forth in this chapter are intended to provide a minimum standard for the exterior construction of certain buildings.

      (1)   Accessory structures 200 square feet or less; or accessory structures not visible from a public right-of-way;

      (2)   Any building that is situated 350 feet or more from the public right-of-way(s) that border the parcel;

      (3)   Temporary portable classrooms installed on public school grounds;

      (4)   Manufactured homes; modular homes; and recreational vehicles.

      (1)   Exceptions to this section requirements may be considered by the City Council, as applicable, based only on the following:

         (a)   Architectural design and creativity;

         (b)   Compatibility with surrounding developed properties;

         (c)   Other extenuating circumstances.

      (2)   In granting any variance, the City Council shall determine that a literal enforcement of the regulations will create an unnecessary hardship or practical difficulty on the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of the ordinance.

      (1)   Where a lawful building exists at the effective date of the adoption or amendment of this section and said building could not be built under the terms of this section, it may continue so long as it remains lawful, subject to the following provisions:

         (a)   Such a building may not be enlarged by more than 25% of its existing foundation footprint unless the entire building is brought into conformity with the masonry requirements of this chapter.

         (b)   The exterior walls of such a building may not be modified, altered, or enlarged in a way which increases its nonconformity unless the modification, alteration, or enlargement is in conformity with the provisions of this chapter.

      (2)   Should a nonconforming building be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it may be rebuilt to the same footprint exempt from the masonry requirements provided a building permit for the reconstruction is secured within 90 days of the destruction of the original structure.

(Ord. 15-0818B, passed 8-18-2015)