[Amended by Ord. No. 03-21; 2-4-2014 by Ord. No. 14-4]
This article shall apply to all uses in the City except in the
following circumstances:
A "nonconforming use" is an active and actual use of land or
structures, or both, legally established prior to the effective date
of this chapter or subsequent applicable amendment thereto, which
has continued as the same use to the present and which would not be
permitted under the current terms of this chapter.
Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as specified in this article. Any legal use under the previous Zoning Ordinance which is made nonconforming by this chapter may apply for a conditional use permit (per § 550-142) to be granted legal conforming status. Any legal use under the previous Zoning Map which is made nonconforming by a change to the Official Zoning Map may apply for a Zoning Map amendment (per § 550-141) to an appropriate zoning district to be granted legal conforming use status.
A.
Except as permitted in Subsection B below, a nonconforming use shall not be expanded or changed to another nonconforming use unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this chapter (as determined by the Zoning Administrator). If such a modification occurs, said use shall not be modified back to the original nonconforming use or to any other nonconforming use which does not better accomplish the purposes of this chapter.
B.
A nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if said facilities are not available within 1,000 feet of the subject property and upon the granting of a conditional use permit per the requirements of § 550-142.
When any nonconforming use of any structure or land is discontinued
for a period of 12 months or is changed into a conforming use, any
future use of said structure or land shall be in complete conformity
with the provisions of this chapter.
The normal maintenance of aspects of the structure and/or equipment
and furnishings unique to the nonconforming use is permitted, including
necessary repairs and incidental alterations which do not exacerbate
the adverse impacts of the nonconforming use in relation to the purposes
of this chapter. Except as otherwise provided in this article, whenever
a nonconforming use is damaged to the extent of more than 50% of its
current equalized assessed value, it shall not be restored except
in conformity with the regulations of the district in which it is
located.
A legal nonconforming two-family structure which is destroyed
by fire, tornado or other disaster may apply for consideration as
a conditional use to be reconstructed so as not to expand the floor
area or footprint of the structure if said structure is located in
an area which was zoned to permit two-family dwellings on the day
preceding the effective date of this chapter.
[Amended 7-17-2018 by Ord. No. 18-6]
The established uses at the corresponding addresses and in the
zoning districts listed below, as of the adoption date of the Official
Zoning Map, are hereby granted legal conforming use status. Building
additions and reconstruction of damaged or demolished buildings shall
fully conform to all bulk requirements (setbacks, height and floor
area) of the zoning district. Any change in land use of these properties
to a conforming use in the zoning district shall eliminate the application
of the ability to legally continue or reestablish the listed use.
|
Address
|
Use
|
Zoning District
|
|---|---|---|
|
1028/1030 Boughton Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1314/1316 Center Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1308/1310 Center Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1014 Center Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
106 Oak Hill Court
|
Duplex
|
SR-4, Single-Family Residential
|
|
813 North Water Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
134/136 West Leonard Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1005/1007 North Water Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1506 East Main Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1003/1005 Pleasant Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
909 Highland Avenue
|
Duplex
|
SR-4, Single-Family Residential
|
|
612 Werner Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1407 South Ninth Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1226 South Ninth Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1126 South Tenth Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
205 West Milwaukee Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
1303 South Ninth Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
704 West Madison Street
|
4-unit apartment
|
TR-6, Two-Family Residential
|
|
300 South Washington Street
|
3-unit apartment
|
TR-6, Two-Family Residential
|
|
201 South Church Street
|
4-unit apartment
|
TR-6, Two-Family Residential
|
|
216 North Church Street
|
3-unit apartment
|
TR-6, Two-Family Residential
|
|
302 North Church Street
|
3-unit apartment
|
TR-6, Two-Family Residential
|
|
228 Margaret Street
|
3-unit apartment
|
TR-6, Two-Family Residential
|
|
222/224/226 Margaret Street
|
3-unit apartment
|
TR-6, Two-Family Residential
|
|
608 East Division Street
|
3-unit apartment
|
TR-6, Two-Family Residential
|
|
510-512 North Fourth Street
|
4-unit apartment
|
TR-6, Two-Family Residential
|
|
1101-1103 North Fourth Street
|
Duplex
|
SR-4, Single-Family Residential
|
|
111 South First Street (PIN: 291-0815-0421-105)
|
Boardinghouse
|
CB, Central Business
|
|
516 East Main Street (PIN: 291-0815-0412-132)
|
Boardinghouse
|
CB, Central Business
|
