CHAPTER 4
NONCONFORMITIES
NONCONFORMITIES
SECTION:
16-4-0: Intent
16-4-1: Nonconformities Generally
16-4-2: Nonconformity Created By Change In Law Or Boundary
16-4-3: Effect On Nonconformities Illegal Under Prior Law
16-4-4: Nonconforming Uses
16-4-5: Nonconforming Lots
16-4-6: Nonconforming Structures
16-4-7: Nonconforming Characteristics Of Use
It is the intent of this title to recognize the legitimate interests of owners of lawful nonconformities by allowing such lawful nonconformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful nonconformities may substantially and adversely affect the orderly development, maintenance, use and value of other property in the same zoning district, property that is itself subject to the regulations and terms of this title. In order to secure eventual compliance with the city's comprehensive plan and with the standards of this title, it is therefore necessary to carefully regulate lawful nonconformities and to prohibit the reestablishment of such nonconformities that have been discontinued. (Ord. 52-09, 10-19-2009)
A. Within the zoning districts established by this title or its subsequent amendment, there exist uses, lots, and structures, which were lawful before this title was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this title or its subsequent amendment. Such nonconformities shall hereafter be considered lawful nonconformities.
B. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption or amendment of this title and upon which actual building construction has been carried on diligently.
C. "Actual building construction" is hereby defined to include the placement of construction materials in permanent position and fastened in a permanent manner. (Ord. 52-09, 10-19-2009)
Nothing in this title shall be interpreted as authorization for, or approval of, the continuance of a use, lot, or structure which was in violation of zoning regulations in effect immediately prior to the effective date hereof or was otherwise illegal. (Ord. 52-09, 10-19-2009)
A. Any lawful nonconforming use of a lot or structure may be continued so long as it remains otherwise lawful and provided there is no enlargement, increase or extension of the use which would result in a greater area of the zoning lot being occupied than was occupied at the time of the adoption of this title, and that no additional structures or additions to structures existing at the time of the adoption of this title shall be constructed on the same zoning lot. Further, no such use shall be increased in intensity or moved or relocated in whole or in part to any other portion of the zoning lot on which it was located at the time of the adoption of this title.
B. A lawful nonconforming use may be extended throughout any parts of the structure in which it is located, provided said structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of this title.
C. If any lawful nonconforming use of a lot or structure ceases for any reason for a period of more than one year, any subsequent use of such lot or structure shall conform to the requirements of this title.
D. Whenever a lawful nonconforming use is superseded by a permitted use, such nonconforming use shall not thereafter be resumed.
E. When a building or structure housing a nonconforming use is damaged by fire, explosion, act of God, or the public enemy to an extent of more than seventy five percent (75%) of its fair market value, such building or structure shall not be restored unless the use of the same shall thereafter conform to the uses permitted in the district in which it is located, except that lawful nonconforming residential uses may be resumed. (Ord. 52-09, 10-19-2009)
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