General: Non-conformities are of three (3) types: Non-conforming lots of record; Non-conforming structures and Non-conforming uses.

A.    Non-conforming lot or record: An unimproved lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations and neither said lot nor parcel complies with the lot width or area requirements for any permitted use in the district in which it is located.

B.    Non-conforming Structure: An existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.

C.    Non-conforming Uses: An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

The City may issue a building permit for any non-conforming lot of record when:

A.    Said lot is shown by the recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

B.    Said lot has remained in ownership separate and individual from adjoining tracts or land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations; and

C.    Said lot can meet all yard regulations for the district in which it is located.

A.    Authority to Continue: Any structure existing prior to the effective date of this Ordinance that is devoted to a use which is permitted in the zoning district in which it is located, but which structure does not comply with the applicable height, lot coverage and yard setback requirements, is hereby deemed to be legally non-conforming and may be continued, so long as it remains otherwise lawful.

B.    Repair or Alteration: Any legally non-conforming structures, subject to existing height, lot coverage and yard setback requirements, may be maintained, repaired and altered, provided that no such repairs or alterations shall be made which change the nature of the structure or which create any additional non-conformity or increase the degrees of the existing legal non-conformity of any part of such structure. For the purpose of this section, the term “nature of the structure” is defined as the manner in which such structure is constructed and/or used as of the effective date of this Ordinance.

C.    Damage or Destruction: In the event that any legally non-conforming structure is damaged, it may be restored to its prior size and shape. No repairs or restoration shall be made unless a building permit is obtained and restoration is begun within one (1) year after the date of such damage and is thereafter diligently pursued to completion. If the damaged building or structure is not restored or repaired within one (1) year from the date the building permit was issued, the City shall initiate actions for the completion of the building or structure or the removal if necessary.

No legally non-conforming structure which has been damaged by any casualty, act of God or public enemy, to the extent of more than fifty percent (50%) of the appraised value of the building and land upon which it is located, shall be restored unless authorized by the Board of Zoning Appeals, except in conformity with all requirements of the City’s Zoning Regulations.

D.    Moving: No legally non-conforming structure shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

A.    Authority to Continue: Any lawfully existing non-conforming use of part or all of a structure of any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued so long as otherwise lawful.

B.    Ordinary Repair and Maintenance:

1.    Normal maintenance and incidental repair, or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a non-conforming use.

2.    Nothing in these regulations shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders it’s restoration to a safe condition.

C.    Extension: A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, but not be limited to:

1.    Extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of these regulations or on the effective date of subsequent amendments hereto that cause such use to become non-conforming.

2.    Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of these regulations or on the effective date of subsequent amendments thereto that cause such use to become non-conforming; provided, however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

D.    Enlargement: No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

E.    Damages or Destruction: In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its appraised value, such structure shall not be restored unless such structure and use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is begun within one (1) year after the date of such partial destruction and is diligently pursued to completion. If the damaged or destroyed building or structure is not repaired or restored within one (1) year from the date the building permit was issued, the city shall give notice to the property owners that the non-conforming use if considered to be abandoned and shall not be resumed or re-established unless such use is in compliance with all of the provisions of the Zoning Ordinance.

F.    Moving: No structure that is devoted in whole or in part to a non-conforming use and no non-conforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to regulations of the zoning district in which it is located after being so moved.

G.    Abandonment or Discontinuance: When a non-conforming use is discontinued or abandoned, for a period of twelve (12) consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use of occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

H.    Non-conforming Accessory Uses: No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.