§ 153.037 NONCONFORMING LOTS OF RECORD.

   The Zoning Board of Adjustment may issue a building permit for a nonconforming lot of record, provided that:

   (A)   The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of the size and width at that location would have been prohibited by any zoning regulations;

   (B)   The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by any zoning regulations;

   (C)   The lot can meet all yard regulations for the district in which it is located; and

   (D)   The lot can meet minimum sanitation requirements by connecting a sanitary sewer line.

(Ord. passed - -2000)

§ 153.038 NONCONFORMING STRUCTURES.

   (A)   Authority to continue. Any existing structure which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations may be continued, so long as it remains otherwise lawful.

   (B)   Enlargement, repair, and alterations. Any nonconforming structure may be enlarged, maintained, repaired, or remodeled, provided, however, that no enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of the structure. Notwithstanding the above, a porch which is covered by a roof which extends into a front setback area may be enclosed but not in excess of the area covered by the existing roof.

   (C)   Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 60% of its replacement value, the structure shall not be restored unless it shall then conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 60% or less, no repairs or restoration shall be made unless a building permit is obtained within six months and restoration is actually begun one year after the date of the partial destruction and is diligently pursued to completion.

   (D)   Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(Ord. passed - -2000) Penalty, see § 153.999

§ 153.039 NONCONFORMING USES.

   (A)   Authority to continue. Any lawfully existing use of part or all of a structure or any lawfully existing use of land which existed prior to the adoption of these regulations and does not comply with these requirements of these regulations may be continued, so long as otherwise lawful and so long as it is not specified to be terminated by these regulations.

   (B)   Ordinary repair and maintenance.

      (1)   Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing partitions, non-bearing walls, fixtures, wiring, or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

      (2)   Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares the structure to be unsafe and orders its restoration to a safe condition.

   (C)   Extension. A nonconforming use shall not be extended, expanded, enlarged, or increased either in land area or floor area.

   (D)   Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless the use shall then conform to the regulations of district in which it is located.

   (E)   Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 60% of its replacement value, the structure shall not be restored unless the structure and its use shall then conform to all regulations of the zoning district in which it is located. When the damage or destruction is 60% or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of the partial destruction and is diligently pursued to completion.

   (F)   Moving. No structure that is devoted in whole or in part to a nonconforming use and no nonconforming use of land shall be moved in whole or in part for any distance whatever to any location on the same or any other lot, unless the entire structure and its use and the use of the land shall then conform to all regulations of the zoning district in which it is located after being so moved. Manufactured homes and mobile homes may be replaced on an existing utility hookup outside a manufactured home park.

   (G)   Change in use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any nonconforming use of a structure or premises may be changed to another nonconforming use, provided that the City Council, after receiving the recommendation of the Planning Commission, shall find that the proposed use is as appropriate or more appropriate to the district than the existing nonconforming use. In permitting a change, the City Council, after receiving the recommendation of the Planning Commission, may require conditions and safeguards to protect surrounding areas and properties. Once the use has changed, it may no longer be returned to the original use or any other less appropriate use.

   (H)   Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after the principal use shall cease or terminate unless the accessory use is permitted in the district.

   (I)   Nonconforming residential uses. Any structure which is devoted to a residential use and which is located in a HC or CBD District may be remodeled, expanded, or enlarged. The structure shall not be used to accommodate a greater number of dwelling or lodging units than the structure accommodated prior to the work.

   (J)   Change of ownership. A nonconforming use may be continued, but not increased, by a new owner of the property.

(Ord. passed - -2000) Penalty, see § 153.999

A AGRICULTURAL DISTRICT

§ 153.050 INTENT.

   The intent of this District is to serve the agricultural community, protect farm land, protect land values, protect wellfields, and serve the needs of the property owners in this District. It is the intention to only restrict in "A" that which is necessary to protect the health, safety, and general welfare of the city and its surrounding area.

(Ord. passed - -2000)

§ 153.051 PERMITTED USES.

   (A)   Generally. In District A, buildings, structures, land, and premises shall hereafter be allowed to be erected, constructed, reconstructed, moved, or altered as long as they are to be used for a permitted use.

   (B)   Specifically.

      (1)   Raising of field crops and horticulture, nurseries, and greenhouses;

      (2)   The grazing of livestock;

      (3)   One single-family dwelling per legal lot;

      (4)   Church;

      (5)   Public park, playground, golf course, and other recreational uses;

      (6)   Home occupations in accordance with § 153.206;

      (7)   Cemeteries;

      (8)   Public utilities;

      (9)   Irrigation facilities;

      (10)   Accessory buildings and uses customarily incidental to the listed permitted uses;

      (11)   Value-added agriculture facilities;

      (12)   Agriculture processing facilities; and

      (13)   Two residential homes shall be allowed to be constructed on each lot on real estate zoned as A Agricultural District.

(Ord. passed - -2000; Ord. 766, passed 11-8-2007; Ord. 771, passed 1-10-2008) Penalty, see § 153.999

§ 153.052 CONDITIONAL USES.

   The following conditional uses may be permitted, subject to approval procedures outlined in §§ 153.240 through 153.243:

   (A)   Private country clubs, recreation areas, golf courses, tennis courts, swimming pools, and accessory recreational uses;

   (B)   Kennels;

   (C)   Archery, trap, and skeet-shooting ranges;

   (D)   Solid waste, disposal, and processing sites which include incinerators, compactors, transfer stations, recycling, and other similar functions;

   (E)   Communication towers, in accordance with § 153.211;

   (F)   Mobile home parks, in accordance with §§ 153.225 through 153.227; and

   (G)   Uses similar to the uses listed above as long as the use complies with the general intent of the A Agricultural District.

(Ord. passed - -2000) Penalty, see § 153.999

§ 153.053 HEIGHT REGULATIONS.

   Any building or structure hereafter erected or altered may be erected to any height which is not in conflict with any other existing city ordinance, state, or federal law.

(Ord. passed - -2000) Penalty, see § 153.999

§ 153.054 LOT REGULATIONS.

   Minimum lot size shall be 20 acres.

(Ord. passed - -2000) Penalty, see § 153.999