§ 5.1. Intent of Provisions

5.1.1

Intent and Definition

A.

Continuance. Within the districts established by this UDC or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Code was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Code to allow continuance of such nonconforming, as long as the standards within this article are met.

B.

Expansions/Enlargements. Nonconforming uses or structures shall not be enlarged, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

C.

Incompatibility. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

D.

Construction Underway.

Nothing contained herein shall be construed to require:

1.

Any change in the overall plans, construction or designated use of any structure or part thereof where official approval and the required building permits were granted before the enactment of this UDC;

2.

Any amendment thereto where the construction thereof, conforming with such plans, shall have been started prior to the effective date of this UDC or such amendment, and where such construction shall have been completed in a normal manner within a six (6)-month period following the effective date of this UDC with no interruption except for reasons beyond the builders' control.

5.1.2

Classification of Nonconformities

5.1.2.1

Nonconforming Use

A.

Criteria. Any use that does not conform to the regulations of this Code on the effective date hereof or any amendment hereto shall be deemed a nonconforming use provided that:

1.

Such use was in existence under and in compliance with provisions of the immediately prior UDC; or

2.

Such use was a lawful, nonconforming use under the immediately prior UDC; or

3.

Such use was in existence at the time of annexation into the City, and was a legal use of the land at such time, and has been in regular and continuous use since such time.

B.

Conformance to a Zoning District. Any other use that does not conform to the regulations of the Zoning District in which it is located on the effective date of this UDC or any amendment hereto shall be deemed to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such use.

C.

Proving a Legal Nonconformity. It shall be the property owner's responsibility to provide information to the City that his/her property represents a legal nonconforming use or structure, granting the property owner rights to use and enjoy his/her property as a legal conformity as outlined within this article.

5.1.2.2

Nonconforming Structure

A.

Criteria. Any structure that does not conform to the regulations of this UDC on the effective date hereof or any amendment hereto shall be deemed a nonconforming structure provided that:

1.

Such structure was in existence under and in compliance with provisions of the immediately prior UDC; or

2.

Such structure was a lawful, nonconforming structure under the immediately prior UDC regulations; or

3.

Such structure was in existence at the time of annexation into the City, and was a legal structure at such time, and has been in regular and continuous use since such time.

B.

Conformance to a Zoning District. Any other structure that does not conform to the regulations of the Zoning District in which it is located on the effective date of this UDC or any amendment hereto shall be deemed to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such structure.

C.

Proving a Legal Nonconformity. It shall be the property owner's responsibility to provide information to the City that his/her property represents a legal nonconforming use or structure, granting the property owner rights to use and enjoy his/her property as a legal conformity as outlined within this article.

5.1.2.3

Nonconforming Lot

A.

Criteria. Any platted lot that does not conform with the regulations of this UDC on the effective date hereof or any amendment hereto, except as expressly provided in subsection (C) below, shall be deemed a nonconforming platted lot provided that:

1.

Such platted lot was in existence under and in compliance with the provisions of the immediately prior UDC regulations; or

2.

Such platted lot was a lawful, nonconforming platted lot under the immediately prior UDC regulations; or

3.

Such platted lot was in existence at the time of annexation into the City, and

4.

Was a legally platted subdivision of the land at such time.

B.

Conformance to a Zoning District. Any other platted lot that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Code or any amendment hereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this Code, and the City shall be entitled to enforce fully the terms of this Code with respect to such platted lot.

C.

Conforming Platted Lots. The following types of platted lots shall be deemed in conformance with the provisions of this Code and nothing in this Code shall be construed to prohibit the use of such lots, notwithstanding the fact that such lots do not meet the standards of this UDC in the district in which it is located:

1.

Any vacant lot that conformed to the City's UDC regulations at the time that it was platted; or

2.

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.