§ 23. Nonconforming Regulations.

A.

Nonconforming Building or Structure:

1.

Any building or structure nonconforming as to use is not required to be made to conform, except:

a.

Any mobile home park nonconforming as to use shall be removed unless it is granted a Special Use Permit as enumerated for a mobile home/manufactured home park. The minimum lot size requirement for a Special Use Permit does not apply to nonconforming mobile home parks.

2.

Any mobile home nonconforming as to use as a dwelling is not required to be made to conform and shall not be replaced with another mobile home. However, in the A-1 or A-2 zone, such use may be further continued upon receipt of a conditional use permit.

3.

Any nonconforming sign, billboard, or advertising structure which does not conform to provisions of this ordinance is not required to be made to conform.

4.

Any nonconforming sign, billboard, or advertising structure may be repaired maintained, provided that such changes shall not enlarge the overall square foot area or the height of the sign.

5.

Any nonconforming building or structure may be maintained, repaired, or altered, provided that any building or structure nonconforming as to use shall not be structurally altered except as required by law.

6.

Any building or structure nonconforming only as to height regulations shall not be added to or enlarged unless such addition or enlargement conforms to all of the regulations of the zone in which it is located.

7.

Any building or structure nonconforming only as to yard requirements shall not be added to or enlarged unless such addition or enlargement conforms to all the regulations of the zone in which the building or structure is located.

8.

Any nonconforming building or structure may be moved in whole or in part to another location on the lot, provided that every portion of such building or structure which is moved is made to conform to all of the regulations of the zone in which it is located, or in the event such moving will make it nonconforming to a lesser extent.

9.

Any nonconforming building or structure which is damaged by fire, flood, wind, earthquake, or other calamity or act of God or public enemy, may be restored, but not to an extent greater than the original floor area which existed at the time of the damage, provided such restoration shall be started within six months of the damage and shall be prosecuted diligently to completion.

10.

Any building or structure nonconforming as to use shall not be added to or enlarged unless such building or structure afterwards is converted to a conforming use; provided, however, that a total maximum expansion of 25 percent of its floor area may be permitted by the Zoning Administrator and further provided:

For residential lots with multi-family dwelling units, the 25 percent limitation shall apply to the following:

a.

A building or structure that contains a use that is not allowed in the underlying zone category; or

b.

A building or structure that does not nearly meet the yard requirements of the Zoning Code, such as setbacks or height; or

c.

A building or structure that is deemed to be structurally unsound as determined by the owner; or

d.

As determined by the Zoning Administrator using the above criteria. The Zoning Administrator shall also strongly consider the property owner's request as to which building or structure should be limited to the 25 percent expansion limitation.

In any case, the expansion shall not increase the number of dwelling units on the lot or within a structure.

B.

Nonconforming Use of Building or Structure:

1.

Any building or structure nonconforming as to use regulations which hereafter becomes vacant and remains unoccupied or is not used for a continuous period of one year or more shall not thereafter be occupied except by a conforming use.

2.

The use of any nonconforming building or structure may be changed to another use permitted in the same or more restrictive zone.

C.

Nonconforming Use of Land. Where a parcel of land is nonconforming as to use, such use shall be discontinued within five years after the effective date of this ordinance [May 17, 1973]. During the five-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, toolhouse, storage building, office, or trailer house, shall be removed at the end of the five-year period, or, if such building is so constructed as to permit issuance of a permit for a use not excluded from the zone, such building may remain as a conforming use; and thereafter, both land and building shall conform as to use. Such nonconforming uses of open land shall specifically include automobile dismantling yards, scrap iron and junk storage, auction yards, contractor's yards, kart tracks, racetracks, stockyards, golf driving ranges, miniature golf courses, kiddielands, drive-in theaters, flea markets, outside storage of inoperative vehicles and other miscellaneous material.

D.

Nonconforming Due to Amendment. The foregoing provisions of this subsection also apply to any building, structure, or use which becomes nonconforming due to any amendment of the text of this ordinance or the zone map, excluding special use permits; provided, however, that where a period of years is specified in this subsection for the removal of nonconforming buildings, structures, or uses, said period shall be computed from the date such amendment became effective.

E.

Nonconforming properties issued Special Use Permits. Any nonconforming property that was issued a Special Use Permit as described in Section 18 to resolve the nonconforming status may cancel the Special Use Permit allowing the site to return to a nonconforming status. The subject site shall contain only the original structures that caused the property to become nonconforming, with the exception of accessory structures. The applicant shall submit a letter to the Planning and Community Development Department to cancel the Special Use Permit. The approval of the Special Use Permit may be cancelled and relevant documents, if any, shall be removed from the official zone maps by the Planning Department. In addition, a nonconforming permit shall be requested and approved prior to cancellation of the permit.

F.

Nonconforming Off-Street Parking. In zones where off-street parking is required, off-street parking shall be provided for all uses and buildings, except buildings constructed before May 17, 1973 need supply such parking only to the extent on-premise ground space is available. An application for a building permit on lots with nonconforming off-street parking shall require the premise to provide off-street parking in accordance with the Parking Regulations in Section 21.

(Ord. No. 226, 8-17-73; Ord. No. 78-26, 4-18-78; Ord. No. 78-66, 10-3-78; Ord. No. 80-45, 11-18-80; Ord. No. 92-18, 12-15-92; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2014-12, 6-10-14)

Editor's note

Ord. No. 2014-12, adopted June 10, 2014, renamed § 23 from Nonconforming Uses as Nonconforming Regulations.