The general public, the City Council and the Commission are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, whenever and wherever possible, except:

(A)

When necessary to preserve property rights established prior to the date these regulations become effective as to the property in question; and

(B)

When necessary to promote the general welfare and to protect the character of the surrounding property.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Where a lawful structure exists on the effective date of the adoption or amendment of this chapter, that could not be built under the terms of this chapter by reason of restrictions on permitted use, area, lot coverage, height, years, its locations on the lot, or other requirements concerning the structure, such structure may be continued provided it remains otherwise lawful, subject to the following provisions.

(A)

No such non-conforming structure may be enlarged or altered in a way which increases its structural non-conformity, but any structure or portion thereof may be altered to decrease its structural non-conformity.

(B)

Should such non-conforming structure or non-conforming portions of a structure be damaged 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 this chapter.

(C)

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

(D)

Should any existing non-conforming structure expire under the terms of this Chapter, or should any real property or parcel be sold, transferred, or otherwise conveyed, any existing non-conforming structure thereon shall be removed or reconstructed by the record owner no more than 30 days from the date of notification by the City. Upon written request by a record owner demonstrating sufficient hardship, this period may be extended for no more than an additional 60 days by the City Manager (90 days cumulative after notice).

(E)

Nuisances attending any use lawfully existing at the time the property is annexed into the City shall be eliminated or mitigated to the maximum extent feasible within 90 days of date of annexation.

(Ord. 00-65N, 6-1-2005; Ord. 16-221, 6-8-2016; Ord. 19-255, 3-13-2019)

A non-conforming use may be continued as long as it remains otherwise lawful, subject to the following provisions.

(A)

No existing structure devoted to a non-conforming use shall be enlarged, extended, constructed or reconstructed.

(B)

The use of the structure shall only be changed to a use permitted in the district in which it is located.

(C)

A non-conforming use that has been discontinued may be resumed only if there has been no other use of the premises or structure since the non-conforming use was discontinued, and such use was not discontinued for a period of six months or more.

(D)

Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to any land outside such building.

(E)

Removal or destruction of a structure containing a non-conforming use shall eliminate the nonconforming use status. Destruction for the purpose of this division (E) is defined as damage equal to more than 50 percent of the replacement cost of the structure or the physical structure.

(F)

A certificate of non-compliance shall be required for each non-conforming use of any land or buildings created by adoption of this chapter. Application for such certificate of noncompliance for a non-conforming use shall be filed with the City by the owner of the building or land with such non-conforming use within one year of the effective date of this chapter. It shall be the duty of the City to issue a certificate of non-compliance for a non-conforming use and the refusal of the City to issue a certificate of non-compliance for such non-conforming use shall be evidence that said non-conforming use was either illegal or did not lawfully exist as of the effective date of this chapter.

(1)

If lawful non-conforming use exists on the effective date of passage of this chapter, the following structures will have their use amortized, with the non-conforming use being eliminated over 15 years from the date of passage of this chapter:

(a)

Fences erected and existing in compliance with the City's regulations and ordinances prior to the effective date of this chapter and composed of materials not allowed upon the passage of this chapter or which do not meet the City's current setback requirements;

(b)

Accessory buildings which do not meet the masonry requirements;

(c)

Wood roofs;

(d)

Above-ground pools; and

(2)

The City Council shall have the power to bring about the discontinuance of non-conforming uses after notices and hearing. The termination date of any non-conforming use shall be set so as to provide the owner with a reasonable opportunity to recoup or recover the owner's investment in the non-conforming use.

(3)

Notwithstanding the foregoing, the non-conforming use of a building, roof, above-ground pool, structure, accessory building, fence or driveway (collectively or individually hereafter, the "non-conforming asset") that was lawfully constructed and erected prior to 2000, shall not terminate or expire until such time as the non-conforming asset is reconstructed or replaced. For the purpose of this section, a non-conforming asset shall be deemed to be reconstructed or replaced if 50 percent or more of such non-conforming asset is reconstructed or replaced, of if modifications or repairs are made to such non-conforming asset within any 12 calendar months that is equal to one half or more of the value of the non-conforming asset prior to the modification or repair.

(Ord. 00-65N, 6-1-2005; Ord. 17-232, 6-14-2017; Ord. 19-255, 3-13-2019)

On any non-conforming structure, or non-conforming portion of a structure, containing a non-conforming use, repairs and maintenance shall be performed to maintain the structure in compliance with the Electrical, Plumbing and Building Codes; provided that, such repairs and maintenance shall be subject to the following conditions and limitations.

(A)

No work may be done in any period of six consecutive months on ordinary repairs, or on repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing, to an extent exceeding 25 percent of the current replacement cost of such structure or non-conforming portion of such structure.

(B)

If 50 percent or more of the non-conforming structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

No structure, use or non-conforming asset in existence on the effective date of this chapter shall be or constitute a non-conforming structure or use unless such structure or use was constructed, converted, or the use thereof started, in compliance with the ordinances and laws then in effect, included, but not limited to, having received any permit then required by law.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)