(A) Non-conforming buildings, structures and uses.
(1) It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non- conforming buildings, structures and uses will be operated and maintained. This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity.
(2) Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended.
(3) Nothing within this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Inspector providing the necessary repairs shall not constitute more than 50% of fair market value of the structure. The value shall be determined by the City Assessor.
(4) No non-conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted on the effective date of this chapter unless the movement shall bring the non-conformance into compliance with the requirements of this chapter.
(5) When a lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(6) A lawful non-conforming use of a structure or parcel of land may be changed to a similar non-conforming use. Once a structure or parcel of land has been placed in a more restrictive non- conforming use, it shall not return to a less restrictive non-conforming use.
(7) If at any time a non-conforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, the value to be determined by the City Assessor, then without further action by the Council, the building and the land on which the building was located or maintained shall, from and after the date of the destruction, be subject to all the regulations specified by these zoning regulations for the district in which the land and buildings are located. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Inspector.
(8) Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six months, any future use of the structure or land shall be made to conform with the provisions of this chapter.
(9) Normal maintenance of a building or other structure containing or related to a lawful non- conforming use is permitted, including necessary non-structural repairs and alterations which do not physically extend or intensify the non-conforming use.
(10) Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof; provided, they will not increase the number of dwelling units or size or volume of the building.
(11) Any proposed structure which will, under this chapter, become non-conforming, but for which a building permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided, construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days and continued to completion within two years. The structure and use shall thereafter be a legally non-conforming structure and use.
(B) Non-conforming lots of record. A lot of record existing upon the effective date of this chapter in a residence district, which does not meet the requirements of this chapter as to area or width may be utilized for single-family detached dwelling purposes or two-family, duplex dwelling purposes; provided, adequate zoning currently exists; and, provided, the measurements of such area or width are within 75% of the requirements of this chapter.
(C) Dwelling unit restriction.
(1) No cellar, basement (except multiple-family dwellings and dwellings that are of earth- sheltered construction as herein defined), garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently.
(2) Basements may be used as living quarters or rooms as a portion of residential dwellings in accordance with the state’s Building Code.
(3) Tents, play houses or similar structures may be used for play or recreational purposes.
(4) Mobile homes and manufactured housing not built under the Uniform Building Code shall be permitted only in an “MH” (Mobile Home Park and Manufactured Housing PUD) District.
(D) Platted and unplatted property.
(1) Any person desiring to improve property shall submit to the Building Inspector a certificate of survey by a registered land surveyor of the premises with information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city code provisions.
(2) All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
(3) Except in the case of planned unit development, as provided for in this chapter, not more than one principal building shall be located on a lot. The words “principal building” shall be given their common, ordinary meaning; in case of doubt or on any questions of interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal to the Planning and Zoning Commission and the Board of Appeals.
(4) On a through lot (a lot fronting on two substantially parallel streets), the rear lot line shall be defined as the arterial streets, where access is prohibited, and the minimum setback shall be 20 feet for applying the yard and parking regulations of this chapter.
(5) Except in the Central Business District, no building shall be located closer than 20 feet from any street right-of-way.
(6) No lot, yard or other open space shall be reduced in area or dimension so as to make the lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space shall be included as part of any open space required for other structure.
(Ord. 130, effective 3-1-1988)