§ 94-41. Nonconforming and nonstandard uses, buildings and structures.

(a)

Purpose and intent. The purpose of this section is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances under which they shall be permitted to continue.

(b)

Scope of regulations. This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming uses, buildings and structures which substantially and adversely affect the orderly development or property value of other property in the district be either discontinued, reduced to conformity as soon as the fair interests of the parties will permit, or be permitted to continue with certain restrictions.

(c)

Continuation of nonconforming use. Whenever a use, building or premises becomes a nonconforming use through a change in the zoning ordinance or district boundaries, such use may be continued although the use does not conform to the provisions of this chapter. The continuance of nonconforming uses, structures or land is subject to the following limitations:

(1)

Expansion. A building containing a nonconforming use shall be allowed a 25 percent maximum expansion based on its gross floor area, excluding any basement. Such enlargement shall be permitted provided the yard, height, landscaping, parking and loading requirements of the zoning district in which it is located are complied with.

Example computation:

N = existing gross floor area in square feet

N sq. ft. × .25 = maximum enlargement

(2)

Reconstruction/restoration.

a.

When the use of a building or structure is nonconforming and such a building or structure is destroyed by fire, explosion, or natural disaster, such building or structure must be reconstructed or restored in accordance with the applicable requirements of the zoning district in which it is located. For the purpose of this chapter, a structure shall be considered to be destroyed when the cost of restoration exceeds one-half the current assessed valuation of the building or structure prior to destruction.

b.

When a building or structure is damaged but not destroyed by fire, explosion, or natural disaster, such building or structure may be repaired or reconstructed and may subsequently have the same or a more restrictive use.

(3)

Change in use. A nonconforming use may not be changed except to a permitted use, permitted special use or conditional use in the zoning district in which it is located. A change to a permitted special use or conditional use is subject to all additional regulations and procedures as required by this chapter.

(4)

Repairs and maintenance.

a.

Ordinary repairs to a building or structure containing a nonconforming use shall be permitted provided that no structural alterations may be made in or to such building or structure except those required by law or to make the building or structure and use thereof conform to the regulations of the district in which it is located.

b.

For purposes of this chapter, "ordinary repairs" includes normal maintenance of a building or structure and other replacements of, or substitutions for, machinery or equipment. Ordinary repairs does not mean the replacement or restoration of foundations or structural elements.

(d)

Discontinuance of nonconforming use. Nonconforming uses, structures and land are not permitted to continue if such use is discontinued for more than one year. The city council may adopt, after notice by certified mail to the property owner, an amortization schedule to bring about the gradual elimination of such nonconforming use.

(e)

Nonconforming uses in general. In general, nonconforming uses shall meet the following requirements:

(1)

The existence of a nonconforming use on a part of a lot shall not be construed to establish a nonconforming use upon the entire lot.

(2)

A nonconforming building or structure may be moved in whole or in part to another location on the lot as long as said building or structure would not be nonstandard as defined in this chapter after such move is completed.

(3)

Accessory buildings and uses customarily incidental to the operation of the nonconforming use may be constructed on the property provided they are constructed according to all applicable codes and regulations and further provided that said construction does not exceed the 25 percent expansion allowed for enlargements of nonconforming uses in accordance with subsection (c)(1) of this section.

(f)

Nonstandard uses. Nonstandard uses may be continued although such uses do not conform to the provisions of this chapter. Nonstandard structures and buildings may be enlarged, extended, reconstructed or altered if such changes comply with the yard, height and parking requirements for the district in which they are located.

(g)

Effect on use which is illegal under prior law. Nothing in this chapter authorizes or permits the continuance of the use of a building, structure or premises in violation of zoning regulations in effect prior to the effective date of this chapter. Accordingly, the use shall have been lawfully established.

(Ord. No. 21-03, 8-26-2003)