A. Purpose: The purpose of this chapter is to regulate and restrict uses, structures, lots, and signs that were established legally prior to the effective date of this title, that no longer conform to the requirements of this title or future title amendments. All such situations are collectively referred to in this chapter as "nonconformities". While nonconformities may continue, this chapter is intended to achieve their eventual elimination, in order to preserve the integrity of this title and the character of the City.
B. Authority To Continue:
1. Generally: Any nonconformity that lawfully existed as of the effective date of this title and that remains nonconforming, and any nonconformity that is created as a result of any subsequent rezoning or amendment to the text of this title, may be continued or maintained as a nonconformity only in accordance with the terms of this chapter.
2. Exception Due To Variances, Minor Modifications, Or Specific Use Permit: Notwithstanding subsection B1 of this section, this chapter shall not apply to any development standard or feature that is the subject of a variance, specific use permit, or minor modification granted under this title. Where a variance, specific use permit, or minor modification has been granted that results in a development standard or feature that does not otherwise conform to the requirements of this title, that development standard or feature shall be deemed conforming.
C. Determination Of Nonconformity Status: In all cases, the burden of establishing the existence of a legal nonconformity shall be solely upon the owner of the nonconformity, not the City.
D. Nonconformities Created Through Government Action: If a structure, use of land, use of structure, or characteristic of use does not comply with the requirements of this title solely as a result of an acquisition of land or other action by a government agency for a public purpose, then such structure, use of land, use of structure, or characteristic of use of land not acquired by the government shall be deemed conforming.
E. Change Of Ownership Or Tenancy: Changes of ownership, tenancy, or management of property with an existing nonconformity are permitted, but such nonconformities shall continue to be subject to the provisions of this chapter.
F. Maintenance And Minor Repair: Minor repairs or maintenance of nonconformities that are required to keep structures or sites in a safe condition are permitted, provided that the minor repair or maintenance does not increase the extent of nonconformity. For purposes of this section, "maintenance or minor repair" shall mean:
1. Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure;
2. Maintenance of land areas to protect against health and environmental hazards and promote the safety of surrounding land uses; and
3. Repairs that are required to remedy unsafe conditions that cause a threat to public safety.
G. Mobile Home Declared Nonconforming Structure; Removal Required: A mobile home, as defined in section 10-1-17 of this title, manufactured prior to June 15, 1976, or manufactured after June 15, 1976, without certification of compliance with HUD standards, is declared a nonconforming structure unsuitable for a dwelling in the City. All mobile homes shall be removed from the City limits when they become vacant. Under no circumstances may a mobile home be replaced with another mobile home. The City Council may grant an extension of not more than three (3) months in an individual case upon appeal for a variance and findings of fact that the occupant of the mobile home will suffer an unnecessary hardship by reason of strict application of this subsection.
H. Manufactured Home Not In A Manufactured Home Community Declared Nonconforming Structure; Removal Required: A manufactured home, as defined in section 10-1-17 of this title, not located in a manufactured home park or manufactured home subdivision, and is not permanently affixed to a concrete or concrete block foundation, is declared a nonconforming structure unsuitable for a dwelling in the City. All manufactured homes, other than stipulated hereto, shall be removed from the City limits when they become vacant. The City Council may grant an extension of not more than three (3) months in an individual case upon appeal for a variance and findings of fact that the occupant of the manufactured home will suffer an unnecessary hardship by reason of strict application of this subsection. Manufactured homes located outside of a manufactured home park or subdivision in an A-1 District, on lots of at least five (5) acres in size, are exempt from this rule. (Ord. 420, 12-18-2017)