§ 118-196. Purpose and intent.

The purpose of this article is to regulate and limit the development and existence of nonconforming uses, buildings, accessory structures and parcels which:

(1)

Were legally established prior to the effective date of this chapter;

(2)

Were legally established prior to the effective date of an amendment to this chapter;

(3)

Have been rendered nonconforming due to circumstances which were not self-created;

(4)

Were not legally established prior to the effective date of this chapter;

(5)

Were not legally established prior to the effective date of an amendment to this chapter; or

(6)

Have been rendered nonconforming due to circumstances which were self-created.

It is the intent of these regulations to specify those circumstances and conditions under which such nonconformities shall be permitted to continue, if at all, until they are removed or brought into conformity with this chapter, but not to encourage their survival nor to permit such nonconformities to be enlarged upon, expanded or extended or be used as grounds for adding other buildings, accessory structures or uses prohibited elsewhere in the same district.

It is consistent with the purposes of this article that:

(1)

Those nonconformities which adversely affect orderly development, public health, public safety, general welfare, or the value of nearby property should not be permitted to continue.

(2)

Subject to subparagraph (1) above, certain existing lawful nonconformities may continue provided the provisions of this article are complied with in order to curtail substantial investment in said nonconformities and to bring about their eventual improvement to a conforming status, their elimination or a lessening of their impact upon surrounding conforming uses in order to preserve the integrity of the area in which such nonconformities are located, the desired character of the city and the intent of this article.

(3)

Subject to subparagraph (1) above, certain existing lawful nonconformities may be permitted to be improved or developed when it can be shown that such action will not be harmful and will be beneficial to and compatible with the surrounding properties, the neighborhood and the community, and that the goals of the city's comprehensive plan will not be impeded by the continuation, improvement or development of the lawful nonconformity.

(4)

Subject to subparagraph (1) above, certain existing lawful nonconformities may be permitted to continue for a certain period of time through an amortization program where such is desirable as set forth herein and where said nonconformity is determined not to have an adverse or detrimental effect to orderly development, public health, public safety, general welfare, the value of nearby property, the goals and objectives of the city's comprehensive plan, or the desired character of the city.

(Ord. No. 03-17, § 2, 7-10-03)