A. Intent: It shall be deemed nonconforming when, within the districts established by this title or amendments that may later be adopted, there exists lots, structures and uses of land and structures which where lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. This title permits these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted in the district.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued to prior to the effective date hereof, provided however, that the entire building shall be completed according to such plans as filed within twelve (12) months from the date of issuance of said permit.
B. Nonconforming Lots Of Record: In any district in which single- family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date hereof provided that it fronts on a public right of way and provided, further, that the lot area is at least eighty five percent (85%) of the minimum requirements of this title. This provision shall apply provided that side yards and front yard setbacks, and maximum lot coverage limits shall conform to the regulations for the district in which such lot is located.
C. Nonconforming Uses Of Land: Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
1. No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied at the effective date hereof;
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date hereof;
3. If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.
D. Nonconforming Structures: Where a lawful structure exists at the effective date hereof that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, elevation or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way that increases its nonconformity; (Ord. 230, 5-6-2002)
2. Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall be allowed to be reconstructed on the same footprint that currently exists; (Ord. 271, 10-5-2015)
3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved;
4. On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty five percent (25%) of the current replacement value of the building as it existed at the effective date hereof shall not be increased; and
5. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
E. Nonconforming Uses Of Structures And Land In Combination: If a lawful use of structures or of structures and land in combination (hereinafter, use) exists at the effective date hereof that would not be allowed in the district under the terms of this title, that use may be continued so long as it remains otherwise lawful, subject to the following provisions: (Ord. 230, 5-6-2002)
1. No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, moved or structurally altered except to allow the existing structure to be reconstructed to the existing footprint that is currently in place; (Ord. 271, 10-5-2015)
2. Any nonconforming use may be extended throughout any parts of a building which were arranged or designed for such use at the time of adoption of amendment of this title, but no such use shall be extended to occupy any land outside such building;
3. Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment, by making findings in the specific case, shall find that the proposed use is equally or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this title;
4. Any nonconforming use which is replaced by a permitted or conditional use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;
5. When a nonconforming use is discontinued or abandoned for six (6) months, the nonconforming use shall not be resumed unless otherwise approved by the City Council;
6. Where nonconforming use status applies to a structure and premises in combination, continuing use of the land in a nonconforming manner shall not be permitted if the structure is removed or destroyed.
F. Phasing Out Of Qualifying Nonconforming Uses: The following nonconforming uses of buildings, structures or land may continue for a period no longer than one (1) year from the effective date hereof, or any amendment hereto which causes the use to be nonconforming:
1. Any nonconforming use with a building or structure having an assessed value of two thousand dollars ($2,000.00) or less on the effective date hereof or amendment.
2. Any nonconforming use of land where no enclosed building is involved or where the only buildings involved are accessory or incidental to such use or where such use is maintained in connection with a conforming building.
Every such nonconforming use shall be completely removed from the premises at the expiration of the one year period.
G. Status Of Variance Or Conditional Use Permits: If a conditional use permit or a variance has been granted as provided in this title, or in a previous variance of public record, it shall not be deemed a nonconformity, but shall without further action be deemed permitted in such district. (Ord. 230, 5-6-2002)