§ 98-8. Nonconformance provisions.

(a)

Types of nonconforming status. Within the districts established by this land development code or adopted amendments there may exist lots, uses of land, or structures which lawfully existed before the land development code was passed or amended but would be prohibited, regulated, or restricted under the terms of this land development code. It is the intent of this land development code to permit these nonconformities to continue in their present condition but not be enlarged upon, expanded, or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. However, this section is not intended to be construed so as to prohibit the enlargement or alteration of any part or portion of a nonconforming structure which does not contribute to such structure's nonconformity as further discussed in subsection (a)(3) of this section. There are four types of nonconforming status, as follows:

(1)

Nonconforming lots of record.

a.

In any district in which residential dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which existed on or before the date of adoption of the ordinance from which this land development code is derived. This provision shall apply even though such lot fails to meet the requirements applying to area or dimensions, or both, and shall conform to all other regulations for the district in which such lot is located. Development on residential lots platted under previous zoning ordinances may be permitted to proceed based on setbacks in force at the time of platting.

b.

The following provisions shall apply to nonconforming lots of record zoned commercial or industrial on or before the date of adoption of the ordinance from which this land development code is derived:

1.

The construction of one commercial or industrial building shall be permitted on each lot, providing that no adjoining lots are in the same ownership, or were in the same ownership as of the date of adoption of the ordinance from which this land development code is derived.

2.

When a sufficient number of adjacent lots are owned by one owner, the lots shall be combined so that the dimensional requirements shall be based on the established requirements of this land development code.

c.

No portion of any nonconforming lot shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this land development code, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this land development code.

(2)

Nonconforming uses of land. A nonconforming use of land existing prior to the date of adoption of the ordinance from which this land development code is derived shall continue to have such nonconforming status and shall be subject to the applicable provisions of this land development code, including the following which shall apply so long as the use of land remains otherwise lawful:

a.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land or structure than was occupied as of the date of adoption of the ordinance from which this land development code is derived.

b.

No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such use as of the date of adoption of the ordinance from which this land development code is derived.

c.

No additional structure not conforming to the requirements of the city codes shall be erected in connection with such nonconforming use of land.

d.

If a nonconforming use of land has been abandoned for a period of six months, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this land development code.

(3)

Nonconforming structures. A nonconforming structure existing prior to the date of adoption of the ordinance from which this land development code is derived shall continue to have such nonconforming status and shall be subject to the applicable provisions of this land development code including the following which shall apply so long as the use or structure remains otherwise lawful:

a.

No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. It is the intent of this provision that any part or portion of a structure that causes an otherwise conforming structure to be nonconforming, shall not be enlarged or altered in any manner, except for necessary repairs as provided in subsection (b) of this section. However, nothing in this subsection shall be construed so as to prohibit the enlargement or alteration of any part or portion of the structure which does not contribute to such structure's nonconformity; provided, however, that a variance is obtained from the board of adjustment as provided in section 98-13 prior to the commencement of any enlargement or alteration.

b.

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its current appraised value as recorded in the tax assessor's office at time of destruction, it shall not be reconstructed except in conformity with the provisions of this land development code.

c.

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(b)

Repairs. On any nonconforming structure or portion of a structure containing a nonconforming use, repairs and modernization are permitted only as long as prohibitions in this chapter are not violated. Nothing in this land development code, however, 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 public official charged with protecting the public safety, upon order of such official, as long as the structure has not been destroyed to an extent of more than 50 percent of its current appraised value as described in subsection (a)(3)b of this section.

(c)

Uses under special exception or conditional use provisions. Any use which is permitted as a special exception or conditional use in a district under the terms of this land development code shall be deemed a conforming use, subject to any conditions legally imposed by the city council.

(LDC 1997, ch. 4, § 1.10)