(a) 
Noncomplying structures.
(1) 
Any residential structure lawfully existing on the effective date of this chapter, or any amendments hereto, that is designed for residential use but which does not comply with one or more of the dimensional regulations of this chapter or the city building ordinance, as amended, such as limitations on area, lot coverage, height, and location on lot, shall be designated a noncomplying residential structure.
(2) 
Noncomplying residential structures shall be treated the same as structures which comply with all of the regulations of the city, provided that alterations shall not be permitted which increase the noncompliance without prior approval of the board of adjustment.
(b) 
Nonconforming uses.
(1) 
Except for nonconforming uses which the city council refers to the board of adjustment under subsection (b)(2) below, all nonconforming uses in residential districts shall be discontinued within 90 days after the effective date of this chapter except uses allowed by a special use permit granted by the zoning and planning commission or the city council in accordance with the provisions herein.
(2) 
The board of adjustment shall have the power when directed by the city council, upon recommendation from the zoning and planning commission, to bring about the discontinuance of nonconforming uses not discontinued as provided above after notices and hearing. The termination date of any nonconforming use shall be set so as to provide the owner with a reasonable opportunity to recoup or recover the owner’s investment in the nonconforming use, taking into account the actual dollars invested, the investment recouped, the life expectancy of the use, any contingencies which are particular to this use, the expected salvage value, amount recouped through depreciation as allowed by the Internal Revenue Service, and all other relevant information.
(Ordinance 2003-09-15-1, sec. 6.01, adopted 9/15/03; Ordinance 2025-06-16-02 adopted 6/16/2025)
(a) 
Noncomplying structures.
Any structure lawfully existing on the effective date of this chapter or any amendment hereto, that is not permitted in the district in which the structure is located, or which does not comply with one or more of the dimensional regulations of this chapter or the city building ordinance, as amended, such as limitations on area, lot coverage, height, and location on lot, shall be designated a noncomplying nonresidential structure.
(1) 
Except for noncomplying structures which the city council refers to the board of adjustment under subsection (a)(2) below, a noncomplying structure may remain in use subject to the following conditions:
(A) 
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;
(B) 
Where noncomplying structure status applies to a structure and/or premises in combination, removal or destruction of the structure shall eliminate the noncomplying status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50%) percent of the replacement cost at time of destruction;
(C) 
The city council, after notice and hearing, may require that a noncomplying structure be screened from view of the street or surrounding property, or may require the elimination of any nuisances caused by a noncomplying structure.
(2) 
The board of adjustment shall have the power, when directed by the city council, upon recommendation from the zoning and planning commission, to bring about the removal of noncomplying structures after notices and hearing. The termination date of any noncomplying structure shall be set so as to provide the owner with a reasonable opportunity to recoup or recover the owner’s investment in the structure, taking into account the actual dollars invested, the investment recouped, the life expectancy of the structure, any contingencies which are particular to the structure, the expected salvage value, amount recouped through depreciation as allowed by the Internal Revenue Service, necessary demolition and clearing costs, and all other relevant information.
(b) 
Nonconforming uses.
Except for those uses which the city council refers to the board of adjustment under subsection (b)(8) below, any use of land or structures lawfully existing on the effective date of this chapter or any amendment hereto, that is not permitted in the district in which the use is located may be continued, subject to the following conditions:
(1) 
No nonconforming use of land shall be extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2) 
No nonconforming use of land 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 adoption or amendment of this chapter;
(3) 
When a nonconforming use is discontinued for a period of more than ninety (90) consecutive days, it shall be deemed to be abandoned and subsequent use of such land shall conform to the regulations specified by this chapter for the district in which the land is located;
(4) 
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 or amendment of this chapter, but no such use shall be extended to occupy any land outside such building;
(5) 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(6) 
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. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50%) percent of the replacement cost at time of destruction;
(7) 
The city council, after notice and hearing, may require that a nonconforming use be screened from view of the street or surrounding property, or may require the elimination of any nuisances caused by a nonconforming use;
(8) 
The board of adjustment shall have the power, when directed by the city council, upon recommendation from the zoning and planning commission, to bring about the discontinuance of nonconforming uses after notices and hearing. The termination date of any nonconforming use shall be set so as to provide the owner with a reasonable opportunity to recoup or recover the owner’s investment in the nonconforming use, taking into account the actual dollars invested, the investment recouped, the life expectancy of the use or structure, any contingencies which are particular to this use or structure, the expected salvage value, amount recouped through depreciation as allowed by the Internal Revenue Service, necessary demolition and clearing costs, and all other relevant information.
(Ordinance 2003-09-15-1, sec. 6.02, adopted 9/15/03)