§ 10.503. Nonconforming lots, uses and structures.
All nonconforming lots, uses, structures, or combination of nonconforming uses of land or structures shall conform with the provisions of this section.
(1)
Intent.
(a)
It is the intent of this Ordinance to permit legal nonconforming lots, uses, or structures to continue until they are removed but not to encourage their survival.
(b)
It is recognized that there exists within the districts established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments.
(c)
Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(d)
A nonconforming use of a structure, land, or of a structure and land shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(2)
Nonconformities under construction. Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently continued. Actual construction is hereby defined to include the placing of construction materials in permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until the completion of the building involved.
(3)
Nonconforming lots of record.
(a)
In any zoning district in which a single-family dwelling is permitted, a single-family dwelling may be erected on any substandard lot of record if the lot is in single ownership at the effective date of this Ordinance and is not in single ownership with other lots having continuous frontage. However, if two or more contiguous lots under the same ownership exist, a single-family home may be erected on any single lot of record provided that such lot meets the following criteria:
1.
The lot is a legal lot of record.
2.
The building official or his designee shall determine that the lot is the same size or larger than the majority (more than 50%) of developed lots in the area. For purposes of this section, the building official shall base determinations on the width, depth and area of the lot when determining conformance with the developed lots in the area. For purposes of this section, "area" shall mean at a minimum the lots on both sides of the street on the same block as the subject lot.
3.
All other Ordinance requirements are met, including but not limited to, setbacks, minimum dwelling size, and height. A detailed plot plan shall be provided to determine compliance with this subsection.
If these three criteria are not met, such lot(s) shall not be developed, divided, utilized or sold in any manner that diminishes compliance with lot width and/or area requirements of this Ordinance.
(b)
Any variance request to the zoning board of appeals for any provision of this section shall include a detailed plot plan for a proposed structure(s) that clearly indicates conformance or nonconformance with all Ordinance requirements including, but not limited to, yards, minimum dwelling size, maximum lot coverage and height.
(c)
In addition to the criteria outlined in section 10.805, the zoning board of appeals, in hearing any appeals and/or variance requests from this section, shall consider the following in their decision:
1.
The width, size and general character of the lots in the neighborhood and area.
2.
The design of the proposed structure(s) is appropriate for the area, width and shape of the lot.
3.
The extent to which other developed lots in the neighborhood and/or area have maintained required setbacks, lot area and width.
4.
The extent to which the proposed structure(s) is in harmony with the character of the neighborhood and/or area.
(d)
In all non-residential zoning districts, structures may be erected on any single lot of record, provided that such lot meets the criteria outlined in subsection (c)1. above and all restrictions outlined in the zoning district in which the lot or parcel is located.
(4)
Nonconforming uses of land. When, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Ordinance, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(a)
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.
(b)
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.
(c)
If such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
(5)
Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following:
(a)
No such structure may be expanded in a way that increases its nonconformity. A nonconforming structure may be expanded if the addition(s) conform(s) with all Zoning Ordinance requirements for the district in which the structure is located.
(b)
Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement value, it shall not be reconstructed except in conformity with the provisions of this Ordinance.
(c)
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(d)
A nonconforming structure may be altered to decrease its nonconformity, subject to issuance of necessary permits.
(6)
Nonconforming uses of structures and land. If a lawful use of a structure, or of structures and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to accommodate a change in the use of the structure to a use permitted in the district in which it is located.
(b)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.
(c)
If no structural expansion is made, any nonconforming use of a structure or structures and premises, may be changed to another nonconforming use provided that the board of appeals, by making findings in the specific case, shall find that the proposed use is a legal nonconforming use, reduces the level of nonconformity on the site, and is more appropriate to the district than the existing nonconforming use. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this Ordinance.
(d)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use for any period of time, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not be resumed.
(e)
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(f)
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(7)
Repairs and maintenance.
(a)
On any legal nonconforming structure or building, or on any building or structure devoted in whole or in part to any nonconforming use, ordinary repairs, or repair or replacement of nonbearing walls, fixtures, wiring or plumbing may be permitted, provided that the permitted maintenance or repair shall not increase the nonconformity.
(b)
Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(8)
Special land uses not nonconforming. Special approval uses that are approved by the city council as provided in this Ordinance shall not be deemed a nonconforming use.
(9)
Change in tenancy or ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming lots, structures, uses of land, or uses of structures and premises provided there is no change in the extent, size, nature or character of such nonconforming lot, structure, use of land or use of structure and premises.
(Ord. No. 271, § 1, 11-22-65; Ord. No. 278, § 1, 5-16-66; Ord. No. 482, 11-25-72; Ord. No. 1004, § 2, 3-12-01)