§ 72-206. Types of nonconformity.

Within the classifications established by this article, there may exist lots, uses of premises, or structures which lawfully existed before this article was effective or amended, but which would be prohibited, regulated or restricted under the terms of this article. These nonconformities may continue in their present condition but shall not be enlarged, expanded, extended or used for adding other structures or uses prohibited elsewhere in the same classification. There are three types of nonconformity:

(1)

Nonconforming lots. In any zoning classification, principal and accessory structures otherwise authorized under this article may be erected or constructed on any single nonconforming lot, except for a substandard lot or lots which require the granting of a variance as provided for in subsection 72-379(3) of this article, which existed, separate and apart from other adjoining lots owned by the same person, on the effective date of adoption or amendment of this article, if all classification requirements other than lot area or width are met. More than one principal structure may not be erected on a nonconforming lot. If two or more lots and/or combinations of lots and/or portions of lots that abut in single ownership existed on the effective date of adoption or amendment of this article, or if such lots and/or portions thereof are subsequently combined in single ownership with other adjoining lots, and if all or part of the lots do not meet the requirements established for lot width or lot area, then the lands involved shall be considered to be an undivided lot for the purposes of this article. No portion of said undivided lot shall be sold or subdivided in a manner which does not comply with the lot width or lot area requirements established by division 7 of this article. Provided, however, a nonconforming lot may be increased in size even if such increase does not allow the lot to meet the minimum lot width and lot area requirements established by division 7 of this article. Provided further, the adjoining lot or lots, from which the land is removed to create the increase to the subject lot, does not become nonconforming or does not increase in nonconformity. Any relief which may be granted under this section shall be considered a variance. After the effective date of adoption or amendment of this article, no new subdivision shall be permitted which creates a lot with width or area below the requirements stated in this article.

(2)

Nonconforming use of premises. In any classification, a lawful principal or accessory use of premises existing on the effective date of adoption or amendment of the ordinance from which this article derives, but not permitted thereafter, may continue, or be resumed if destroyed, provided:

a.

It is not enlarged, increased or extended to occupy a greater area than was occupied on the effective date of adoption or amendment of the ordinance from which this article derives;

b.

It is not moved in whole or in part to any portion of the lot other than that occupied by such use on the effective date of adoption or amendment of the ordinance from which this article derives; and

c.

No additional structure is constructed or erected.

Reliance on subsection (2) to maintain a nonconforming use shall constitute waiver of any right to utilize the property for any other use.

This article shall not be construed to permit the continued parking of any vehicles or watercraft in violation of the applicable provisions of this article after its effective date. (See also section 72-287, herein.)

Notwithstanding anything to the contrary in this article, single-family standard, manufactured or mobile home dwellings, which are nonconforming, shall not be extended or enlarged unless the nonconforming structure is of equal or improved character. Such structure must be reviewed and approved by the zoning enforcement official.

(3)

Nonconforming structure. In any classification, a lawful structure existing on the effective date of adoption or amendment of this article, that could not thereafter be built because of dimensional requirements other than density, or other requirements, may still be used, provided:

a.

It is not enlarged or altered in a way which increases its nonconformity. (It may be altered to decrease its nonconformity, however.)

b.

If it is damaged in excess of 75 percent, as assessed by the property appraiser, except as provided for in section 72-302, any reconstruction shall comply with this article.

c.

If it is moved for any reason, or for any distance, it shall thereafter conform to the dimensional requirements of this article.

Notwithstanding anything to the contrary in this article, where a single-family standard, manufactured or mobile home dwelling lawfully encroaches into a required yard, such nonconforming single-family structure may be added onto or altered provided the addition or alteration does not extend further into the required yard.

(4)

Involuntary moves. Subsections 72-206(2)b. and 72-206(3)c. are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation.

(5)

Actions of governmental agencies. In any classification, should a governmental agency obtain after the effective date of this amendment a portion of a conforming lot for public purposes and thereby create a nonconforming lot, it may be possible to erect or construct on said nonconforming lot the principal and accessory structures otherwise authorized under these regulations provided that all other requirements of this article are met.

(Ord. No. 86-16, § VII, 10-23-86; Ord. No. 87-25, § II, 9-10-87; Ord. No. 89-20, § IV, 6-8-89; Ord. No. 90-31, § 1, 7-12-90; Ord. No. 90-34, § 4, 9-27-90; Ord. No. 91-11, § VII, 5-16-91; Ord. No. 91-27, § I, 10-3-91; Ord. No. 94-4, § VII, 5-5-94; Ord. No. 98-25, §§ IV—VI, 12-17-98; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2011-02, § II, 1-20-11)