(A) Purpose and applicability. The purpose of this section is to regulate and limit the continued existence of uses, structures, and lots established prior to the effective date of this zoning ordinance or any amendment thereto that do not conform to this code.
(B) General provisions.
(1) Nonconforming lots, structures, or uses may continue to exist, be bought or sold, altered, restored, or extended only in accordance with the provisions of this code.
(2) Nothing in this code shall prevent the strengthening or restoring to a safe condition any portion of a nonconforming structure declared unsafe by a proper authority.
(3) Nothing in this zoning ordinance shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this code.
(4) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconformities existing therein.
(5) Nothing in this section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use.
(C) Nonconforming uses.
(1) If a nonconforming use has ceased for one year, abandonment shall be presumed and the nonconforming use shall not resume. Any future use of the land or structures shall conform to and be in accordance with this zoning ordinance. Abandonment of a nonconforming use shall be presumed if one or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:
(a) When the intent of the owner to discontinue the use is apparent;
(b) Utilities, such as water, gas, and electricity, to the property have been disconnected;
(c) The property, buildings, and grounds have fallen into disrepair as evidenced by proper code violation documentation;
(d) When the nonconforming use has been replaced by a conforming use;
(e) When the nonconforming use has been changed to a use permitted or conditional use by the city; or
(f) The business license issued by the city has expired.
(2) Once a nonconforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.
(3) Upon authorization by the Board of Zoning Appeals, a nonconforming use may be changed to another equal or less intense nonconforming use.
(D) Nonconforming buildings or structures.
(1) A lawful nonconforming structure, which is damaged the extent of 50% or more of its reconstruction cost exclusive of foundations, shall not be restored unless it is in full conformance with this code.
(2) A lawful nonconforming structure which is damaged, by neither malfeasance nor wanton disregard by an interested party, to the extent of less than 50% of reconstruction costs exclusive of foundations, if such reconstruction is undertaken within 12 months of when the damage occurred, may be reconstructed, provided that:
(a) The reconstructed structure shall not exceed the height, area, or volume of the original structure; and
(b) Reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption.
(c) An application to the Board of Zoning Appeals for permission to undertake to reconstruct the structure must be filed prior to undertaking the repairs after the use has been destroyed or damaged, otherwise any structure shall conform to and be in accordance with all applicable rules, regulations, and requirements of the particular district as provided in the zoning ordinance.
(3) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.
(E) Nonconforming lot.
(1) Except as provided in this section, a nonconforming vacant lot existing and of official record as of the effective date of this zoning ordinance may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard, setback, and minimum square footage requirements for the zoning district in which the lot is located.
(2) A nonconforming vacant lot shall not be developed if it could be combined with an adjoining lot owned by the same person on or after the effective date of these regulations in order to create a single lot. Where an owner owns adjoining property, construction may occur across the lot lines if that is the only way the yard requirements may be met without a variance. If said combination, however, results in the creation of a single lot that is more than one and one-half times the minimum lot width or area required in the zoning district, then the single lot may be divided into two lots of equal width and area without being further classified as nonconforming. For the purposes of this section, ADJOINING shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.
(F) Nonconforming accessory uses and structures. Nonconforming accessory uses or structures shall not become or replace any terminated principal nonconforming use or structure.
(G) Enlargement or extension of a nonconforming use.
(1) Nonconforming structures used for a permitted use may be enlarged, provided that the enlargement shall not create any additional nonconformity or increase the degree of the existing nonconformity of such structure.
(2) Nonconforming structures and uses may enlarge principal structures by adding decks or porches provided structural nonconformities are not increased and that all requirements of this code are met, including, but not limited to, setback and yard requirements.
(3) Nonconforming uses existing at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, may extend within the building which housed the nonconforming use at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, provided that the area to which the nonconforming use extends was manifestly designed or arranged to accommodate such use, and that no structural alterations are made within the building in order to allow the use to extend, except those that may be required by the Building Code.
(4) Where the nonconforming setback of a building or structure exists, the nonconforming setback may be extended along the same building line as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.
(5) Nonconforming uses existing at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, may enlarge the building which housed the nonconforming use at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use, and extend within such enlargement, provided that:
(a) The enlargement becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel;
(b) The enlargement meets all requirements of this code, including, but not limited to, setback and yard requirements;
(c) The enlargement is for the purpose of expanding the area housing the use which existed at the time this chapter was passed, or at the time a subsequent amendment creates the nonconforming use;
(d) The enlargement and extension does not:
1. Adversely affect the health, safety, and welfare of persons residing or working in the district;
2. Cause a depreciation of the value of other property and uses permitted in the district;
3. Significantly increase traffic congestion;
4. Adversely affect the privacy of persons residing in the immediate vicinity;
5. Increase the hazard in the area of fire, offensive noise, smoke, dust, debris, or other objectionable influences;
6. Adversely affect any recreational, institutional, or other authorized use;
7. Inhibit the desirability, feasibility, or likelihood of future residential or commercial development or expansion in the immediate vicinity; or
8. Occur in a residential zoned district.
(e) The enlargement or expansion brings all off-street parking requirements into conformity.
(6) Time frame to start construction. Enlargement or extension approval shall be void if construction work does not begin within one year from the date of approval, or if work is suspended or abandoned for a period of 90 days at any time after the work is commenced.
(7) Floodplain management requirements. All enlargement or extension of a nonconforming use must comply with the applicable floodplain management requirements.
(Ord. passed 6-3-2019)