Nonconforming Buildings and Uses

Section 10.01 Purpose

Section 10.02 Type "A" Nonconformance

Section 10.03 Type "B" Nonconformance

Section 10.04 Type "C" Nonconformance

Section 10.05 Type "D" Nonconformance

Section 10.06 Industrial, Commercial or Other Business Establishments

Section 10.01 Purpose

It is the intent of this Code to recognize that the elimination as expeditiously as is reasonable of existing structures or uses that are not in conformity with the provisions of this code is as much a subject of health, safety, and welfare, as is the prevention of the establishment of new uses that would violate the provisions of this code. It is also the intent of this code to so administer the elimination of nonconforming uses or structures as to avoid any unreasonable invasion of established private property rights.

The City Manager or the City Manager’s authorized representative shall identify and classify each nonconformance either as Type “A”, Type “B”, Type “C”, or Type “D” or any combination of these.

Section 10.02 Type “A” Nonconformance

A use that does not conform to the provisions of this Code for the Zoning District in which it is located and which is conducted within a building.

Any Type “A” Nonconformance existing at the time of enactment or amendment of these Regulations which makes the use a Type “A” Nonconformance, may be maintained in good condition and continued from the date of such enactment or amendment for a period not to exceed ten (10) years, but may not be:

(a) Changed to another nonconforming use.

(b) Re-established after discontinuance for three (3) months.

(c) Extended or enlarged.

(d) Re-established after damage exceeding 50 percent of the assessed value immediately prior to the damage of the building occupied by such use.

Section 10.03 Type “B” Nonconformance

A use that does not conform to the provisions of this Code for the Zoning District in which it is located and that is situated on open land.

Any Type “B” Nonconformance, other than those situated in a street right-of-way, existing at the time of enactment, or amendment of these regulations which makes the use a Type “B” Nonconformance, may be continued for a period not to exceed three (3) years from the date of such enactment of amendment. Any Type “B” Nonconformance which is situated in a street right-of-way may be continued for a period not to exceed six (6) months from the date of enactment or amendment of these regulations which makes the use a Type “B” Nonconformance.

Section 10.04 Type “C” Nonconformance

A building or structure that does not conform to regulations contained in Article I Section 1.02, Article III, Article XI Section 11.01 through 11.04, and Article XIV.

Any Type “C” Nonconformance existing at the time of enactment or amendment of this ordinance which makes the use a Type “C” Nonconformance may be continued but may not be altered, extended, or enlarged, unless such alteration, extension or enlargement conforms, in the opinion of the Board of Zoning Appeals, as nearly as is reasonable to the provisions of this ordinance, provided in no instance shall an alteration, extension or enlargement be approved within six feet of a side property line or within one-half of the minimum setback requirements for front or rear property lines. However, addition to the principal dwelling unit of a roof overhang not to exceed 24 inches measured horizontally shall be considered a reasonable conformance to the provisions of the ordinance and shall not require Board of Zoning Appeals approval.

Any building existing as of April 11, 1988 and not subject to the provisions of the preceding paragraph, and that is in violation of the front, side, or rear setback requirements of this code, may be considered a Type “C” Nonconformance and may be continued, but may not be altered, extended or enlarged, except that routine maintenance shall be permitted. To qualify hereunder, the property owner shall make written application to the City Manager or his designee and shall present satisfactory evidence that the structure is in conformance with all applicable building and safety code requirements. Such application shall include a site plan and be accompanied with satisfactory evidence of the date such improvements were completed. The burden and expense of providing such evidence shall be upon the property owner, and upon so doing, the City Manager shall provide the owner a letter that the property is a lawful Type “C” Nonconformance hereunder; provided that no such structure may exist within six feet of a side property line or within one-half of the minimum setback requirements for front or rear property lines.

(Ord. No. 6-91 Revised Effective 3/14/91)

Section 10.05 Type “D” Nonconformance

A use not conforming to the UB-2, Unified General Business District regulations of this code and which is located either within a building or upon open land in such district.

Any Type “D” Nonconformance existing at the time of enactment or amendment of these regulations may be continued for a period not to exceed five (5) years from the date of enactment or amendment of these regulations.

Section 10.06 Industrial, Commercial or Other Business Establishments

(a) Use. In the event that a zoning change occurs in any land area where such land area was not previously covered by any zoning restrictions of the City, or where such land area is covered by zoning restrictions of the City and such zoning restrictions differ from zoning restrictions imposed after the zoning change, then any industrial, commercial or business establishment in operation, permitted to operate under zoning regulations or exceptions thereto prior to the zoning change shall be allowed to continue in operation and be permitted; provided, that no change in the use of the land is undertaken by such industry or business.

(b) Expansion. Industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the industry or business which were permitted and being conducted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.

(c) Reconstruction. Industrial, commercial, or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto immediately preceding a change in zoning shall be allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such industry or business subsequent to the zoning change; provided, that no destruction and rebuilding shall occur which shall act to change the use classification of the land as classified under any zoning regulations or exceptions thereto in effect immediately prior to or subsequent to a change in the zoning of the land area on which such industry or business is located.

(d) Application. The provisions of this section apply only to land owned and in use by such affected business, and do not operate to permit expansion of an existing industry or business through the acquisition of additional land.

(Ord. No. 20-99 Revised Effective 8/26/99)