§ 23-372. Nonconforming regulations.

The provisions of this section apply to legally nonconforming uses, lots, and structures.

Improvements to a site to increase compliance with this chapter may be required as a condition of approval under this section.

Sec. 23-372.1 Nonconforming lots. Any lot that does not comply with the dimensional requirements of the zoning district in which it is located but which met the dimensional requirements in effect at the time it was created and which was legally platted or otherwise legally in existance prior to the enactment of requirement(s) with which it does not comply shall be considered a legal lot for the purposes of building structures, provided the lot has not been combined with an adjacent lot. A lot shall be considered combined if any of the following apply:

a. the lot or a portion of the lot was used to meet the dimensional requirements, such as setbacks, for structure on an adjacent lot;

b. it is in common ownership with an adjacent lot, except that this provision shall not prohibit the rebuilding of a one- or two-family dwelling on a nonconforming lot and shall not prohibit the construction of a single-family house on a pre-existing, legally non-conforming lot whose only non-conformity is lot width at the building line.

Sec. 23-372.2 Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, a lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the provisions of this section.

a. Special exception uses. Uses which require a special exception permit in the district in which they are located, but which were legally established prior to the requirement for the special exception use permit shall be considered nonconforming and subject to the provisions of this ordinance; issuance of a special permit for the use shall render the use conforming.

b. Expansion of nonconforming uses. Except for one- and two-family uses, no nonconforming use shall be expanded or extended beyond the scope of its operation, nor enlarged, increased, extended to occupy a greater area of land or structure than was occupied at the effective date of the provision of this ordinance with which the use does not comply, unless a special exception use permit is granted pursuant to section 23-216. In considering applications for such permits, the board shall consider all aspects of the proposed change, including changes in the site, structure, and uses. The addition of an accessory use or structure shall be considered an expansion subject to the requirement for a permit as described herein. However, an increase in the amount of business conducted on the site shall not in itself constitute an expansion of the use.

c. Change to another nonconforming use. No nonconforming use shall be changed to another nonconforming use unless a special exception use permit is granted pursuant to section 23-216. In considering applications for such permits, the board shall consider all aspects of the proposed change, including changes in the site, structure, and uses, and shall not grant such a permit unless a finding is made that the new use is no more detrimental to the neighborhood than the existing nonconforming use.

d. Discontinuation of a nonconforming use. If any nonconforming use of land ceases for any reason for a period of one year, no nonconforming use may be re-established on those premises, unless a time extension is granted by the planning board prior to the end of the one-year period. Improvements to the site to increase compliance with this chapter may be required as a condition of approval of an extension of time. Exempt from this requirement are single-family and two-family uses; multi-family uses are also exempt, provided the planning board finds that there is sufficient parking for the use.

Sec. 23-372.3 Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a. A nonconforming one-family or two-family structure may be expanded or changed provided the nonconformity is not increased. A special permit may be granted pursuant to section 23-216 to allow an increase in the nonconformity of a one- or two-family structure only upon a finding that the proposed change is not detrimental to the neighborhood.

b. No nonconforming structure other than a one-family or two-family structure may be enlarged or altered in a way which increases its nonconformity.

c. Except for one- and two-family dwellings, a non-conforming structure that is destroyed or damaged by any means to any extent of more than fifty (50) percent of its fair market value, shall not be reconstructed except in conformity with the provisions of this chapter. A non-conforming one- or two-family dwelling damaged by any means to any extent of more than fifty (50) percent of its fair market value may be reconstructed, provided the building setback requirements are met or the administrative official finds that the proposed building setbacks are in keeping with those in the immediate neighborhood and are not less than five (5) feet on the side and ten (10) feet on the rear.

d. Should such a structure be declared unsafe, it may be restored to a safe condition providing that such restoration does not constitute more than fifty (50) percent of the structure's appraised fair market value. The fair market value of a sign shall be deemed as its replacement value. A nonconforming fence shall be removed if more than fifty (50) percent of its length is declared unsafe or unsound.

(Ord. No. 2007-02, § 11, 3-6-07)

Sec. 23-372.4 Approved construction. Proposed buildings for which building permits have been issued prior to their designation as nonconforming by the adoption or amendment of this chapter may be completed and used as originally intended, provided they are completed and in use one (1) year after the date on which the permit was issued.

Sec. 23-372.5 Rehabilitation construction in CRA Area 3. An owner of a building or other structure located in the area of the city known as Community Redevelopment Agency Area 3 shall be permitted to rehabilitate the structure subject to the following:

a. The normal requirements for setback, dimension, parking and landscaping are not required as a condition of receiving the rehabilitation building permit.

b. The rehabilitation shall not expand or increase in size the structure or building.

c. The terms of this section shall be terminated and become void on the date the city's land use regulations are adopted as a result of the comprehensive plan.

(Ord. No. 2006-05, § 1, 2-21-2006; Ord. No. 2006-24, § 12, 6-6-2006