[Code 1975, § 39-98; Code 1992, § 32-426]
Any lawful use of the land or buildings existing at the date of passage of the ordinance from which this chapter is derived and located in a district in which it would not be permitted as a new use under this chapter is hereby declared to be a nonconforming use and not in violation of this chapter; provided, however, that a nonconforming use shall be subject to and the owner comply with the regulations in this article.
[Code 1975, § 39-99; Code 1992, § 32-427; 10-22-2007 by Ord. No. 1280]
Where, at the time of passage of the ordinance from which this chapter is derived, lawful use of land exists which would not be permitted by the regulations imposed by this chapter and where such use involves no individual structure with an assessed value exceeding $500, the use may be continued so long as it remains otherwise lawful, provided:
(1) 
No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived or amendment of this chapter.
(2) 
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which this chapter is derived or amendment of this chapter.
(3) 
If any such nonconforming use of land ceases for any reason for a period of more than six months, such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(4) 
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
[Code 1975, § 39-100; Code 1992, § 32-428]
If lawful use involving individual structures with an assessed value of $500 or more or of a structure and premises in combination exists at the effective date of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following:
(1) 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) 
If any such nonconforming use of a structure ceases for any reason for a period of more than six months, such use shall conform to the regulations specified by this chapter for the district in which such use is located.
(3) 
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 of the ordinance from which this chapter is derived or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(4) 
If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use, provided that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.
(5) 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the nonconforming status of land.
[Code 1975, § 39-101; Code 1992, § 32-429; 4-24-2006 by Ord. No. 1265]
Where a lawful structure exists at the effective date of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location 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:
(1) 
No such nonconforming structure's footprint may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) 
If any such nonconforming structure ceases being used for any reason for a period of more than six months, any subsequent use of such structure shall conform to the regulations specified by this chapter for the district in which such structure is located.
[Code 1975, § 39-102; Code 1992, § 32-430; 10-10-2005 by Ord. No. 1253; 1-23-2006 by Ord. No. 1257; 10-22-2007 by Ord. No. 1280; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
(a) 
In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other sections of this chapter, a new single-family dwelling and customary accessory building may be erected on any vacant lot which is a lot of record, existing at the effective date of this ordinance (January 28, 2006), provided said lot of record is a minimum of 50 feet in width and 5,000 square feet in area. The placement of the dwelling on the lot must meet all other zoning restrictions in regard to yard setbacks and lot coverage, etc.
(b) 
Any single lot of record, that is owned separately from an adjacent lot, which is 40 feet wide to 49 feet wide and a minimum of 100 feet in depth must obtain a zoning variance before the lot is buildable for a new single-family dwelling.
(c) 
Any lot of record less than 40 feet wide is not buildable and a zoning variance may not be obtained.
(d) 
In any instance, on a nonconforming lot of any width, the yard setbacks for the structures, lot coverage, and other requirements, not involving area or width or both of the lot, shall conform to the regulations for the district in which such lot is located.
(e) 
The expansion of an existing single-family house on a nonconforming size lot:
(1) 
The footprint can be enlarged without a variance, provided the 35% coverage is not exceeded and the setbacks are in accordance with Division 16.
(2) 
A second story can be added without a variance.
(3) 
An accessory structure can be added without a variance, provided the 35% lot coverage is not exceeded, and the setbacks are in accordance with Division 16.
(f) 
A multifamily home on a nonconforming size lot may not be enlarged without a variance. An accessory structure may be added, provided the 35% lot coverage is not exceeded, and the setbacks are in accordance with Division 16.
[Code 1975, § 39-103; Code 1992, § 32-431; 4-24-2006 by Ord. No. 1265; 10-22-2007 by Ord. No. 1280]
(a) 
On any nonconforming structure or portion of structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of walls, fixtures, wiring, or plumbing or other such items as the case may be, provided that the cubic content (footprint) existing when it became nonconforming shall not be increased.
(b) 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to a lack of repairs and maintenance and is declared by the Chief Inspector 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.
[Code 1975, § 39-104; Code 1992, § 32-432; 10-10-2005 by Ord. No. 1253; 1-23-2006 by Ord. No. 1257; 10-22-2007 by Ord. No. 1280; 10-24-2016 by Ord. No. 16-005]
Nothing in this chapter shall prevent the reconstruction, repair, or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God or acts of public enemy, subsequent to the effective date of the ordinance from which this chapter is derived, wherein the expense of such reconstruction does not exceed 50% of the state equalized valuation of the entire building or structure at the time such damage occurred, provided that such restoration and resumption shall take place within six months of the time of such damage and that it be completed within one year from time of such damage and provided, further, that such use be identical with the nonconforming use permitted and in effect directly preceding such damage. In cases where the damage exceeds 50% of the state equalized value (SEV) of the entire building, a single-family dwelling which was built on a nonconforming lot of record may be reconstructed if it is in a zone which allows single-family dwellings and if it is rebuilt within the same footprint and dimensions of the original dwelling and will remain as a single-family home. A multifamily home must be rebuilt according to the current zoning requirements. If the lot is not buildable, a single-family home could be constructed to the same footprint of the multifamily home. The footprint may need to be adjusted to accommodate for required parking on the site. If possible required yard setbacks shall be applied. Appropriate permits and approvals must be obtained prior to reconstruction. All other nonconforming buildings or structures must conform to the appropriate zoning regulations prior to obtaining a permit for reconstruction. Where pending insurance claims require an extension of time, the Chief Inspector may grant a time extension, provided that the property owner submit a certification from the insurance company attesting to the delay. Until such time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises.
Any structure, which is nonconforming to the current Zoning Ordinance, that is not intentionally destroyed over 50% of its SEV, can be rebuilt to the plan that was approved by the City at the initial time of construction, if the City has an approved building permit or site plan on file or if the property owner has record of said permit or plan that was approved by the City. A zoning variance would be required to rebuild any other nonconforming structure destroyed over 50% of its SEV.
[Code 1975, § 39-105; Code 1992, § 32-433]
No nonconforming building or structure shall be moved in whole or in part to another location unless such building or structure and the off-street parking spaces, yard and other open spaces provided are made to conform to all the regulations of the district in which such building or structure is to be located.
[Code 1975, § 39-106; Code 1992, § 32-434]
(a) 
At any time, should the City become aware of a nonconforming use, the owner of such nonconforming use shall be notified by the City Clerk of this section and that his or her property constitutes a nonconforming use. Within 30 days after receipt of such notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application for such certificate shall designate the location, nature, and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy. If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the notice, the use ceases to be nonconforming and is hereby declared to be in violation of this chapter. The City Clerk and the City Attorney shall take appropriate action to enjoin such violation.
(b) 
If the Chief Inspector shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or if he or she finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or the zoning ordinance in effect at the time of construction or alteration, he or she shall not issue the certificate of occupancy but shall declare such use to be in violation of this chapter.
(c) 
After the adoption of the ordinance from which this chapter is derived this chapter or any amendments thereto, the Chief Inspector shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures, including tents and trailer coaches, existing at the time. Such record shall contain the names and addresses of the owners of record of such nonconforming uses and of any occupant, other than the owner; the legal description of the land; and the nature and extent of use. Such list shall be available at all times in the office of the City Clerk.
[Code 1975, § 39-107; Code 1992, § 32-435]
When plans and specifications for a building or structure have been filed which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this chapter and where a building permit for such building or structure has been issued and construction work started at the effective date of the ordinance from which this chapter is derived, such work may proceed, provided it is completed within one year of such date.