16-4-1: NONCONFORMITIES GENERALLY:

   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)

16-4-2: NONCONFORMITY CREATED BY CHANGE IN LAW OR BOUNDARY:

Whenever a use, lot, or structure becomes nonconforming due to a change in this title or the zoning district boundaries, such use, lot, or structure may be continued in conformance with this chapter. (Ord. 52-09, 10-19-2009)

16-4-3: EFFECT ON NONCONFORMITIES ILLEGAL UNDER PRIOR LAW:

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)

16-4-4: NONCONFORMING USES:

   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)

16-4-5: NONCONFORMING LOTS:

   A.   Any lot having insufficient area, width or depth for the zoning district in which it is located, lacking frontage on an improved public street or an improved private street of a planned district, or any combination thereof, shall be considered a lawful nonconforming lot only if it was conforming, lawfully platted, and filed in the office of the Dubuque County recorder prior to the adoption of this title or if a deed or other instrument in the owner's chain of title creating or containing a legal description consistent with the current dimensions of such lot was lawfully recorded and filed in the office of the Dubuque County recorder prior to the adoption of this title.

   B.   On any single, lawful nonconforming lot located within a zoning district which permits single-family detached residential dwellings, one such dwelling may be constructed by right, provided that setbacks (yards), height, lot coverage, and off street parking requirements of the zoning district within which the parcel is located are complied with, and all appropriate permits are obtained prior to any construction activity. (Ord. 52-09, 10-19-2009)

16-4-6: NONCONFORMING STRUCTURES:

   A.   Structures that were lawfully constructed prior to the adoption of this title, but which could not be constructed under the terms of this title by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures, shall hereafter be considered lawful nonconforming structures. They may continue to exist so long as they remain otherwise lawful, provided that no reconstruction, enlargement or alteration of said structures shall occur that will increase their nonconformity except as provided herein. However, any lawful nonconforming structure or portion thereof may be altered to reduce its nonconformity.

   B.   Alterations conducted by order of the city to comply with building or life safety code provisions shall be permitted.

   C.   When a lawful nonconforming structure 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 structure shall not be restored except in conformance with the requirements of the district in which it is located. However, lawful nonconforming structures used solely for residential uses may be reconstructed to their location, size, and external dimensions that existed at the time of damage. Residential lawful nonconformities may be expanded provided they comply with the schedule of R-2A alternate two-family residential district regulations. (Ord. 52-09, 10-19-2009)