(A) Where the districts established by the Zoning Code contain structures, lots, and uses of land and structures which were lawful or nonconforming before this Zoning Code was passed or amended, but which are prohibited under this chapter, it is the intent of this chapter to permit these nonconformities to continue under specified conditions as outlined in the standards contained in this section.
(B) All nonconformities shall be encouraged to convert to conformity whenever possible.
(C) Continuation of nonconforming structure or use.
(1) Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair, but shall not be altered, extended, enlarged or moved in such a way as to increase its nonconformity under this chapter. Alterations or modifications to nonconforming structures which have the effect of not increasing their nonconformity are permitted subject to zoning certificate approval and compliance with all other applicable ordinance provisions. Additional encroachment of existing structures or buildings into a required yard when a portion of the existing structures already encroaches into that yard and the proposed addition or alteration will not exceed the existing encroachment may be permitted subject to zoning certificate approval where all other provisions of this chapter are met or exceeded.
(2) Grain elevators, and other buildings in which operations are conducted that are directly related to grain elevators, located in the downtown industrial area and that do not meet the maximum building height limitations of § 152.036 District Dimensional Standards shall be permitted to replace or rebuild existing structures to their original height; furthermore, all new structures shall be permitted to be constructed to the same height as other structures already part of the industrial use. However, in no case, and at no time, shall a building or structure exceed 90 feet in height in the downtown industrial area.
(D) Continuation of nonconforming lots. Any conforming use or conforming structure on a nonconforming lot of record may be enlarged, extended, constructed, or moved so long as all other requirements of this chapter are met.
(E) Discontinuance of nonconforming use. If a nonconforming use is discontinued for a period of 12 consecutive months, further use of the property shall conform to this chapter. If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
(F) Destruction of nonconforming structure or use. If a nonconforming structure or a conforming structure with a nonconforming use located therein is destroyed by any means to an extent of more than 50% of its market value at the time of destruction, it shall not be reconstructed or used except in conformity with the provisions of this chapter. If the structure is destroyed to less than 50% of its market value, it must be restored to its original condition if said restoration begins within 180 days from the date the damage occurred; otherwise the structure shall be made conforming.
(Ord. 2023-02, passed 5-9-23)