Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this ordinance or a subsequent amendment, but which were lawfully established prior to the time of adoption of the ordinance or amendment. Such nonconformities are not compatible with the current or intended use of land in the district in which they are located. Therefore, it is the intent of this ordinance to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this section is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.
(Ord. No. 24-1832, 12-10-2024)
A. Continuation of nonconforming uses and structures. Any lawful nonconformities established on or before the effective date of this ordinance or subsequent amendment may be continued and shall not be considered to be in violation of this ordinance, provided that, unless otherwise noted in this Article, the building and land involved shall neither be structurally altered, nor enlarged unless such modifications conform to the provisions of this ordinance for the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
B. Buildings under construction. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that such work shall be diligently carried on until completion of the building involved.
C. Recording of nonconforming uses and structures. The city shall be responsible for maintaining records of nonconforming uses and structures as accurate as is feasible, and for determining legal nonconforming uses and structures in existence on the effective date of this ordinance. Failure on the part of a property owner to provide the city with necessary information to determine legal nonconforming status may result in denial of required or requested permits.
D. Establishment of a conforming use or structure. In the event that a nonconforming principal use or structure is superseded by a conforming principal use or structure on a site, the nonconforming use or structure shall be immediately and permanently removed.
E. A change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises shall not alter the nonconforming status of a nonconforming building, structure, use, or lot, provided there is no change in the nature or character of such nonconforming uses.
F. Exceptions and variances. Any use for which a special exception or variance has been granted as provided in this ordinance shall not be deemed a nonconformity.
G. Unlawful nonconformities. No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.
(Ord. No. 24-1832, 12-10-2024)
The following regulations shall apply to any nonconforming lot of record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of this ordinance or amendment thereto:
A. Use of nonconforming lots. Any lot of record existing at the effective date of the ordinance codified in this chapter that now fails to meet the requirements for area or width, or both, that are generally applicable in the district shall be considered a nonconforming lot. A principal building and customary accessory buildings for a permitted use may be erected on any nonconforming lot of record, provided all other standards are met, such as setbacks, minimum floor area, maximum height and access requirements.
B. Variance from area and bulk requirements. If the use of a nonconforming lot requires a deviation from the area or bulk requirements, then such use shall be permitted only if a variance is granted by the zoning board of appeals.
C. Nonconforming contiguous lots under the same ownership. If two (2) or more lots or combination of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment of this ordinance, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an individual parcel for the purposes of this ordinance. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this ordinance. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit.
D. Combination of nonconforming lots. Upon application to the city planner, they may permit the combination, in whole or in part, of nonconforming lots of record into building sites less than the size requirements established by this ordinance, provided that the combination of lots reduces the degree of nonconformity and results in a parcel which is capable of accommodating a structure that is in conformance with the building area, setback, and side yard requirements of this ordinance.
(Ord. No. 24-1832, 12-10-2024)
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