EXCEPTIONS AND VARIANCES

§ 155.060 NONCONFORMING USES.

   The extent of such change, alternations, or expansion shall be prescribed by the Planning Commission in connection with its findings. The procedure to be followed and the fees to be charged on an application for permission to change, extend, or alter a non-conforming use shall be the same as in the case of a conditional use.

   (A)   Continuation. Subject to the other provisions of this chapter, a non-conforming structure or use may be continued, but shall not be changed, altered, extended, or expanded except when the following conditions are found by the Planning Commission:

      (1)   That said structure is suitable for change, alteration, extension, or expansion, and the result is not more incompatible or detrimental to surrounding properties than the previous one; and

      (2)   That a change in the non-conforming use would not operate to lessen the value of property in the same zone and reasonably adjacent to the property concerned.

   (B)   Reconstruction and relocation. A building having a non-conforming use at the time of the passage of this chapter may not be reconstructed or structurally altered to an extent exceeding 80% of the then current assessed value of the building unless a variance is granted, except as set forth herein. When a building having a non-conforming use is damaged by fire or other causes so that the total deterioration exceeds 80% of the cost of replacing the building using new materials, then such building shall not be rebuilt unless such building in its construction and uses conforms fully to the requirements of this chapter and other ordinances of the city as applied to new buildings and uses in the district in which it is to be located, except that pre-existing residential structures within the C-1 and C-2 Zones may be rebuilt when destruction exceeds 80% of its value to the size, scale, scope, and design of the previous structure. When damage is 80% or less, rebuilding for non-conforming use must be kept within the old foundation. When a building having a non-conforming use is damaged by fire or other cause to an extent which will permit rebuilding, such construction as defined by the State Uniform Building Code must commence within one year of date of damage and be completed within two years of such date, if use is to continue as a non-conforming use, unless a variance is granted. No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this chapter relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved.

   (C)   Existing buildings. If a non-conforming use involving a structure is discontinued for a period of one year, further use of the building shall conform to this chapter, except residential structures within the C-1 and C-2 Zones, which shall have a period of two years.

   (D)   Interruptions of use. If a non-conforming use not involving a structure is discontinued for a period of six months, further use of the property shall conform to this chapter. Any non-conforming use determined by the City Council to be detrimental to the public health, safety, or welfare shall be discontinued after a period of time determined by the Council at a public hearing to be the amortized life of the use.

   (E)   Mobile homes. Any non-conforming mobile home removed from a lot may be replaced only by a conforming mobile home.

(Ord. 337, passed 6-11-1979; Ord. 512, passed 2-11-2008)

§ 155.061 CLEAR VISION REQUIREMENTS.

   A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of 30 feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection. The clear vision area shall contain no sight-obscuring plantings, walls, structures, fences, or other temporary or permanent obstructions exceeding three feet in height as measured from the grade of the street centerline.

(Ord. 337, passed 6-11-1979)

§ 155.062 GENERAL EXCEPTION TO LOT SIZE REQUIREMENTS.

   Where the owner of a lot at the time of the adoption of this chapter does not own sufficient area in said lot or contiguous lots to enable him to conform to the yard and other requirements of this chapter, the city may, upon variance approval, grant a building permit conditioned upon compliance with this chapter to the extent reasonably possible under the circumstances.

(Ord. 337, passed 6-11-1979)

§ 155.063 GENERAL EXCEPTION TO SETBACK REQUIREMENTS.

   Architectural features such as eaves, chimneys, cornices, canopies, and sunshades which project from a structure, but are not used for storage or habitation, may project up to five feet into required setback areas.

(Ord. 337, passed 6-11-1979)

§ 155.064 GENERAL EXCEPTION TO FRONT YARD REQUIREMENTS.

   The front yard requirements of this chapter shall not apply where the average depth of the existing front yard on developed lots, located within the same block and zoning area and fronting on the same street as such lot, differs. The minimum specified front yard on such lot shall not be less than the average existing front yard depth on said developed lots.

(Ord. 337, passed 6-11-1979)