A. General Policy. The general public, the City Council and the Commission are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, whenever and wherever possible, except:
When necessary to preserve property rights established prior to the date these regulations become effective as to the property in question; and
When necessary to promote the general welfare and to protect the character of the surrounding property.
B. Nonconforming Structures. Where a lawful structure exists on the effective date of the adoption or amendment of this Ordinance, that could not be built under the terms of this Ordinance by reason of restrictions on permitted use, area, lot coverage, height, years, its locations on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
No such nonconforming structure may be enlarged or altered in a way which increases its structural nonconformity, but any structure or portion thereof may be altered to decrease its structural non-conformity.
Should such nonconforming structure or nonconforming portions of a structure be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this ordinance.
Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
C. Nonconforming Uses. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:
No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed or reconstructed.
The use of the structure shall only be changed to a use permitted in the district in which it is located.
A nonconforming use that has been discontinued may be resumed only if there has been no other use of the premises or structure since the nonconforming use was discontinued, and such use was not discontinued for a period of ninety (90) days or more.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to any land outside such building.
Removal or destruction of a structure containing a nonconforming use shall eliminate the nonconforming use status. Destruction for the purpose of this subsection is defined as damage equal to more than fifty (50) percent of the replacement cost of the structure.
A nonconforming use shall terminate upon any sale or conveyance of the property.
D. Repairs and Maintenance. On any nonconforming structure, or nonconforming portion of a structure, containing a nonconforming use, repairs and maintenance shall be performed to maintain the structure in compliance with the electrical, plumbing and building codes; provided that such repairs and maintenance shall be subject to the following conditions and limitations:
No work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonload-bearing walls, fixtures, wiring or plumbing, to an extent exceeding twenty-five (25) percent of the current replacement cost of such structure or nonconforming portion of such structure.
If fifty (50) percent or more of the nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
E. Exception. A mobile home or manufactured home lawfully located within the City on the effective date of this ordinance, which is a nonconforming use or structure, may be replaced with a manufactured home, subject to the following conditions and requirements:
1. The replacement manufactured home is newer than the existing manufactured or mobile home, is at least as large in living space as the prior manufactured home, and meets all state law requirements for a manufactured home;
2. The lot upon which the replacement manufactured home will be placed has not been vacant for more than ninety days and the structure previously located on the property immediately prior to a replacement manufactured home being installed was a manufactured or mobile home;
3. The replacement authorized by this subsection E. is limited to a single replacement, unless the manufactured or mobile home is being replaced due to its destruction by fire or other natural disaster.
(Ord. 2021-005, passed 10-26-2021)