[Ord. No. 7042, 8-24-2023]
Within the districts established by this Chapter or by amendments
thereto, there exist buildings and structures and uses of parcels,
lots, buildings, and structures which were lawful before this Chapter
was adopted or amended, including legal non-conforming uses, buildings
and structures which would be prohibited, regulated, or restricted;
it is the intent of this Chapter to permit these buildings and structures
and uses of parcels, lots, buildings and structures herein referred
to as non-conformities, to continue until they are discontinued, damaged,
or removed. These non-conformities are declared by this Chapter to
be incompatible with the buildings and structures and uses of parcels,
lots, buildings, and structures permitted by this Chapter in certain
districts. It is further the intent of this Chapter that such non-conformities
shall not be enlarged, expanded, or extended except as provided herein
nor to be used as grounds for adding other buildings and structures
and uses of parcels, lots, buildings and structures prohibited elsewhere
in the same district.
[Ord. No. 7042, 8-24-2023]
A.
Where, on the date of adoption (October 16, 1984) or amendment of
this Chapter, a lawful use of a parcel or lot (such use not involving
any building or structure or upon which parcel or lot a building or
structure is accessory to such principal use) exists that is no longer
permissible under the provisions of this Chapter, such principal use
may be continued so long as it remains otherwise lawful subject to
the following provisions:
1.
Enlargement. No such non-conforming use of a parcel or lot shall
be enlarged, expanded or extended to occupy a greater area of land
or floor space than was occupied on the date of adoption or amendment
of this Chapter and no additional accessory use, building, or structure
shall be established thereon.
2.
Relocation. No such non-conforming use of a parcel or lot shall
be moved in whole or in part to any other portion of such parcel or
lot not so occupied on October 16, 1984, or to a parcel or lot not
in conformance with this Chapter.
3.
Discontinuance. If such non-conforming use of a parcel or lot
ceases for any reason for a period of more than one hundred eighty
(180) consecutive days (except where government action causes such
cessation) the subsequent use of such parcel or lot shall conform
to the regulations and provisions set by this Chapter for the district
in which such parcel or lot is located.
[Ord. No. 7042, 8-24-2023]
A.
Where, on the date of adoption (October 16, 1984) or amendment of
this Chapter, a lawful building or structure exists that could not
be built under the regulations of this Chapter by reasons of restrictions
upon lot area, lot width, lot coverage, height, open spaces, off-street
parking, loading spaces and setbacks, or other characteristics, such
building or structure may be continued so long as it remains otherwise
lawful subject to the following provisions:
1.
Enlargement. Such building or structure may be enlarged, expanded,
extended, or altered only if the non-conformity is removed.
2.
Destruction. Should any such building or structure be destroyed
by any means to an extent of more than fifty percent (50%) of its
replacement cost at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this Chapter.
3.
Relocation. Should any such building or structure be moved for
any reason for any distance, it shall thereafter conform to the regulations
of the district in which it is located after it is moved.
4.
Repair And Maintenance. Repairs and normal maintenance required
to keep buildings in a safe condition may be made to non-conforming
buildings or structures, provided that no alterations shall be made
except those required by law or ordinance, unless the building or
structure is changed to be conforming with this Chapter.
[Ord. No. 7042, 8-24-2023]
A.
Where, on the date of adoption (October 16, 1984) or amendment of
this Chapter, a lawful use of a building or structure exists that
is no longer permissible under the regulations of this Chapter, such
use may be continued so long as it remains otherwise lawful subject
to the following provisions:
1.
Enlargement. No existing building or structure devoted to a
use not permitted by this Chapter in the district in which it is located
shall be enlarged, constructed, reconstructed, moved, or structurally
extended or altered except in changing the use of such building or
structure to a use permitted in the district in which such building
or structure is located.
2.
Change In Use Not Permitted. An existing non-conforming land
use or structure shall not cause further departures from the Zoning
Code. Although an existing non-conforming use may be continued, except
as hereinafter limited, it may not be changed to another use, except
to a similar use or to a use permitted in the district in which it
is situated and provided it complies with the requirements of that
district.
3.
Discontinuance. When a non-conforming use of a building or structure
is discontinued or abandoned for more than one hundred eighty (180)
consecutive days (except where government action prevents access to
the premises) the building or structure shall not thereafter be used
except in conformance with the regulations of the district in which
it is located.
[Ord. No. 7042, 8-24-2023]
A.
In recognition of the authority of the City to obtain private property
for public purposes by negotiation or condemnation process, landowners
whose improvements are subject to certain setback requirements shall
not be adversely affected as a result of such public encroachment
on their property.
B.
The status of improvements on private property shall remain as if
the setback distances were the same as before the public encroachment,
and no variance or exception to set back requirements shall be imposed
on the tract affected by the public encroachment.
[Ord. No. 7042, 8-24-2023]
There may be a change of tenancy, ownership, or management of
an existing non-conforming use, building or structure, provided there
is no change in the nature or character, extent or intensity of such
non-conforming use, building or structure.
[Ord. No. 7042, 8-24-2023]
To avoid undue hardships, nothing in this Chapter shall be deemed
to require a change in plans, construction, or designated use of any
building on which actual construction was lawfully begun prior to
the effective date of adoption (October 16, 1984) or amendment of
this Chapter and upon which actual building construction has been
carried on diligently. Nothing herein contained shall require any
change in the plans or designated use of a building for which a building
permit has been heretofore issued, or plans or final subdivision plats
which have been approved by the Council on or before October 16, 1984.
[Ord. No. 7042, 8-24-2023]
Any use existing on October 16, 1984, and which is permitted
as a conditional use in a district under the terms of this Chapter
shall be deemed a conforming use in such district, and shall without
further action be considered a conforming use.
[Ord. No. 7042, 8-24-2023]
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 or structures
may be erected on any single lot of record at the effective date of
adoption (October 16, 1984) or amendment of this Chapter. Such lot
must be in separate ownership and not of continuous frontage with
other lots in the same ownership as of the date of adoption of this
Chapter. This provision shall apply even though such lot fails to
meet the requirements for area or width, 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.
If two (2) 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 (October 16, 1984) 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 purpose of this Chapter,
and no portion of said parcel or lot shall be used or sold which does
not meet lot width and area requirements established by this Chapter,
nor shall any division of the parcel or lot be made which leaves remaining
any parcel or lot with width or area below the requirements stated
in this Chapter.
[Ord. No. 7042, 8-24-2023]
In cases of doubt, and on specific questions raised, whether
a non-conforming use exists shall be a question of fact and shall
be decided by the City Council after notice, a public hearing, and
receipt of a report and recommendation of the Planning and Zoning
Commission.
[Ord. No. 7042, 8-24-2023]
A use in violation of a provision of the Chapter which this
repeals shall not be validated as a non-conforming use by this Chapter.
[Ord. No. 7042, 8-24-2023]
Where a non-conforming use exists, and a conforming use is proposed,
the non-conforming use must cease upon initiation of the conforming
use. No joint use of either buildings, structures, and or land shall
be permitted.
[Ord. No. 7042, 8-24-2023]
Any legally existing land use in a zoning district within the
City that, after the adoption of Ordinance No. 5179, is no longer
"permitted" or "conditionally permitted" within that zoning district
shall be exempt from the requirements of this Article.
[1]
Editor's Note: See Title IV, Appendixes.
