[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.