A. Nonconforming lots of record:
1. Any lot of record which does not meet the requirements of this appendix shall be considered a nonconforming lot of record.
2. 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 appendix, and if all or part of the lots do not meet the requirements for lot width and area as established by this appendix, the lands involved shall be considered to be an undivided parcel for the purposes of this appendix, and no portion of that parcel shall be used or sold which does not meet lot width and area requirements established by this appendix, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this appendix.
3. Where a single nonconforming lot of record exists having a lot area less than required by the particular zone district wherein the lot is located, development may be permitted on the lot, provided: the lot is located on an existing and improved public street; the lot is of separate ownership from all adjacent and contiguous parcels; the adjacent and contiguous parcels exist as developed building lots or dedicated street right-of-ways precluding acquisition of additional area to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this appendix. Where a dimensional variance from any minimum yard, setback, and the like is necessary to develop on the lot, an application for dimensional variance shall be submitted for review and approval by the Board of Adjustment in accordance with § 18.0 through 18.11.
B. Nonconforming uses:
1. Continuance: Except as herein provided, the lawful use of any structure or land existing at the time of the adoption of this appendix may be continued although that use does not conform to the provisions of this appendix; it shall become a legal nonconforming use. However, no nonconforming use or structure may be enlarged or extended beyond its area of use at the time it becomes a legal nonconforming use, unless and until the use is brought into conformance with all provisions of this appendix.
2. Change from one nonconforming use to another:
a. The lawful use of a building or premises existing at the time of adoption of this zoning code may be continued, although such use does not conform to the provisions of such zoning code, except as otherwise provided therein.
b. The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted, nor shall the Board permit as change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification. However, the Board may grant approval, effective to maintain nonconforming-use status, for enlargements or extensions, made or to be made, of the facilities of a nonconforming use, where the use consists of the presenting of a major public attraction or attractions, such as a sports event or events, which has been presented at the same site over such period of years and has such attributes and public acceptance as to have attained international prestige and to have achieved the status of a public tradition, contributing substantially to the economy of the community and state, of which prestige and status the site is an essential element, and where the enlargement or extension was or is designed to maintain the prestige and status by meeting the increasing demands of participants and patrons.
3. Termination: in all cases, the Board of Adjustments shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming use based on any of the following conditions, and if the decision is to do so, the Board shall state its bases, in writing, for that determination.
a. Non-operative, non-used, or abandoned for a period of 12 consecutive months providing that the Board of Adjustments may allow the continuation of that nonconforming use if it is determined that reasons for the nonuse were beyond the owner’s/ operator’s control.
b. Whenever the structure, in which the nonconforming use is operated, is damaged in any manner whatsoever and the cost of repairing such damage exceeds 50% of the market value of that structure in which the nonconforming use is operated and a determination is made by the Board of Adjustment that this structure should not be reconstructed.
c. Whenever the structure, in which the nonconforming use is operated, becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing that structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of that structure as of the date of the official order under the applicable ordinance and a determination is made by the Board of Adjustment that this structure should not be reconstructed.
d. Whenever said nonconforming use is determined to be detrimental or injurious to the public health, safety, or general welfare.
4. Zone change: the foregoing provisions shall apply to uses which become legally nonconforming due to zone changes which take place thereafter.
C. Nonconforming structures:
1. Continuance: except as herein provided, any lawful nonconforming structure existing at the time of adoption of this appendix, may be occupied, operated, and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this appendix.
2. Termination: In all cases the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming structure based on any of the following conditions, and if the decision is to do so, the Board shall state its bases, in writing, for that determination.
a. Whenever the nonconforming structure is damaged in any manner exceeds 50% of the market value of that structure and a determination is made by the Board of Adjustment that the structure should not be reconstructed.
b. Whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing the nonconforming structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of the nonconforming structure as of the date of the official order under the applicable ordinance and a determination is made by the Board of Adjustment that the structure should not be reconstructed.
c. Whenever a nonconforming structure is determined to be detrimental or injurious to the public health, safety, or general welfare.
3. Zone change: The foregoing provisions shall apply to structures which become legally nonconforming due to zone changes which take place thereafter.
D. Repairs and maintenance:
1. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement or nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content of the building, as it existed at the time of passage or amendment of this appendix which rendered it nonconforming, shall not be increased.
2. Nothing in this appendix shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure, or part thereof declared to be unsafe by any official charged with protecting the public safety, except for the conditions as stated in B, 3, b, or C, 2, b of this section.
E. Nonconforming signs:
1. Continuance: Except as herein provided, any lawful nonconforming sign existing at the time of adoption of this appendix, may be continued; however, no sign shall be changed in any manner unless it is changed in compliance with all provisions of this appendix.
2. Termination: In all cases, the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming sign based on any of the following conditions and, if the decision is to do so, the Board shall state its bases, in writing, for determination and the property owner shall be responsible to remove the sign at the owner’s expense. If the sign is not removed within 30 days of the date of the Board’s action to terminate the sign, the city may remove the sign and may bill the owner, or attach the cost of the service to the annual property tax bill:
b. Nonuse or abandonment of a nonconforming sign for a period of 12 consecutive months.
3. Zone change: the foregoing provisions shall also apply to signs which become legally nonconforming due to zone changes which take place thereafter.
(Ord. 2017-6, passed 4-4-17)