It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1) 
The director shall consider any new or unlisted use and make an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
(2) 
Appeals of the director’s decision may be made to the planning and zoning commission. The commission shall approve the director’s recommendation or may make its own determination concerning the classification of such use as is determined appropriate based upon the commission’s findings.
(Ordinance 2019-42 adopted 10/8/19)
(a) 
Intent.
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(1) 
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts in which they are located. It is further the intent of this chapter 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.
(2) 
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from the street or off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district.
(3) 
To avoid undue hardship, nothing in this chapter 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 chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun in preparation for rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(b) 
Nonconforming lots of record.
(1) 
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width standards, or both, that are generally applicable in the district, provided that yard dimensions 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. Variance of area, width, and yard requirements may be obtained only through action of the board of adjustment (see section 14.01.202(f), authority to grant variances for more information).
(2) 
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used which does not meet lot width and are requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any with width or area below the requirements stated in this chapter.
(c) 
Nonconforming use of land.
Where lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
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 chapter;
(2) 
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 chapter;
(3) 
If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(d) 
Nonconforming use of structures.
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter 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 provisions:
(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 located.
(2) 
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 for this chapter, but no such use shall be extended to occupy any land outside such building.
(3) 
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 in which such structure is located, and the nonconforming use may not thereafter be resumed.
(4) 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located.
(5) 
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.
(6) 
Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease.
(e) 
Changing uses and nonconforming rights.
(1) 
Nonconforming use to conforming use.
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to any nonconforming use.
(2) 
Nonconforming use to another nonconforming use.
A nonconforming use may not be changed to another nonconforming use.
(3) 
Conforming use in a nonconforming structure.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in subsection 14.03.602(f), expansion of nonconforming uses and structures, below.
(f) 
Expansion of nonconforming uses and structures.
An expansion of a nonconforming use or structure is allowed in accordance with the following.
(1) 
Nonconforming use expansion in existing building.
A nonconforming use located within a building may be extended throughout the existing building, provided.
(A) 
No structural alteration, except as provided in subsection 14.03.602(f)(5) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
(B) 
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
(2) 
Nonconforming use prohibited from expansion beyond existing building.
Nonconforming use within a building shall not be extended to occupy any land outside the building.
(3) 
Off-street parking.
Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide additional off-street parking spaces.
(4) 
Residential lot exemption.
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official “lot of record” prior to the date of this ordinance adoption (October 8, 2019), may be used for a single-family dwelling.
(5) 
Expansion of nonconforming buildings with conforming uses.
Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent (10%) after the date when the building became nonconforming.
(6) 
Reuse of abandoned or vacant buildings by conforming uses allowed.
Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied only by a conforming use or uses.
(g) 
Restoration of nonconforming structures.
(1) 
Total destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this ordinance.
(2) 
Partial destruction. In the case of partial destruction of a nonconforming structure not exceeding fifty-one percent (51%) of its total appraised value as determined by the applicable county appraisal district, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.
(h) 
Movement of nonconforming structures.
(1) 
Relocation of a nonconforming structure within a platted lot.
Nonconforming structures may be relocated within the same platted lot.
(2) 
Compliance.
Nonconforming structures shall comply with all setback and screening requirements.
(i) 
Repairs and maintenance.
On any building devoted in whole or in part to an nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixture, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall be not increased. Nothing in this chapter 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.
(j) 
Uses under exception provision.
Any use for which a special exception is permitted as provided in this chapter shall be defined as a “conforming use” in such district only for the single property granted such exception.
(Ordinance 2019-42 adopted 10/8/19)