(A) 
Existence of nonconformities.
(1) 
The purpose of this Subsection 1.06 is to establish provisions for the allowance and potential alteration of uses, lots and/or structures which do not conform to currently applicable standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.
a. 
Nonconformities occur in three (3) general categories, or combinations thereof.
1. 
Nonconforming lots as described in 1.06.02(A)(1). For example, a nonconforming lot can be nonconforming as to lot area or dimension requirement.
2. 
Nonconforming structures as described in 1.06.02(A)(1). For example, a nonconforming structure can be nonconforming as to setback, yard, or height lot area or dimension requirement.
3. 
Nonconforming uses are uses as described in 1.06.02(A)(1).
(2) 
It is the declared intent of this section that nonconforming uses and structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.
(B) 
Limit incompatibility.
It is further the intent of this Subsection 1.06 that nonconforming uses shall not be:
(1) 
Enlarged upon,
(2) 
Expanded or extended, or
(3) 
Used as a basis for adding other structures or uses prohibited elsewhere in the same district.
(C) 
Incompatible uses.
Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Existence.
For purposes of interpretation of this subsection, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows:
(1) 
Legal nonconforming.
Those uses, structures or lots which in whole or part are not in conformance with current zoning standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of this subsection.
(2) 
Illegal status.
Those uses, structures or lots which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.
(B) 
Time of adoption.
Any use, platted lot, and/or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.
(C) 
Annexation.
If a use, platted lot and/or structure was in existence at the time of annexation to the City and has since been in regular and continuous use shall be deemed legal nonconforming.
(Ordinance 2021-07-47 adopted 7/6/21)
The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Abandonment of nonconforming use.
If a nonconforming use on a particular parcel of land shall cease operations for a period of more than six (6) months, then such nonconforming use shall be deemed to be permanently abandoned. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to Subsection 6.12 Reinstatement of Nonconforming Rights of this Ordinance, such a use shall not be instituted on that parcel or other parcel in any district which does not permit the discontinued use. For the purpose of this subsection, to "cease operations" shall mean to intentionally terminate operations of the nonconforming use. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
(B) 
Reinstatement of nonconforming use rights.
An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to 1.06.04(A), may request that the nonconforming rights to the use be reinstated pursuant to Subsection 6.12 Reinstatement of Nonconforming Rights of this Ordinance.
(C) 
Prohibited expansion or reoccupation.
A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in 1.06.06 Expansion of Nonconforming Uses and Structures.
(D) 
Single-family residential uses.
(1) 
Conforming single-family residential uses on platted lots approved prior to April 5, 2011, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district.
(2) 
Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met, or the lot shall be considered nonconforming.
(E) 
Existing platted lots are conforming lots.
Any existing vacant lot platted prior to April 5, 2011, which was legally conforming, shall be deemed a conforming lot.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
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 a nonconforming use.
(B) 
Nonconforming use to another nonconforming use.
A nonconforming use may not be changed to another nonconforming use.
(C) 
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 1.06.06 Expansion of Nonconforming Uses and Structures.
(Ordinance 2021-07-47 adopted 7/6/21)
An expansion of a nonconforming use or structure is allowed in accordance with the following.
(A) 
Nonconforming use expansion in existing building.
A nonconforming use located within a building may be extended throughout the existing building, provided.
(1) 
No structural alteration, except as provided in Subsection (E) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
(2) 
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.
(B) 
Nonconforming use prohibited from expansion beyond existing building.
Nonconforming use within a building shall not be extended to occupy any land outside the building.
(C) 
Off-street loading and 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 off-street loading or off-street parking space.
(D) 
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 April 5, 2011, may be used for a single-family dwelling.
(E) 
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 (10) percent from the date when the building became nonconforming.
(F) 
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 by a conforming use.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
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.
(B) 
Partial destruction.
In the case of partial destruction of a nonconforming structure not exceeding fifty-one (51) percent of its total appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Relocation of a nonconforming structure within a platted lot.
Nonconforming structures may be relocated within the same platted lot.
(B) 
Compliance.
Nonconforming structures shall comply with all setback and screening requirements.
(Ordinance 2021-07-47 adopted 7/6/21)
Nothing herein contained shall require any change in the plans, construction, or designated use of the following.
(A) 
Approved building.
A building or structure for which a building permit has been issued or a Site Plan approved prior to April 5, 2011.
(B) 
Building in the approval process.
A building or structure for which a complete application for a building permit was accepted by the Chief Building Official on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.
(Ordinance 2021-07-47 adopted 7/6/21)