Within the districts established by this chapter or amendments that may be adopted, there exist lots, structures and uses of land and structures which were lawful before the effective date of the ordinance from which this chapter is derived or is amended, but which would be prohibited under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of the ordinance from which this chapter is derived, or amendment of this chapter, and upon which, the term "actual building construction" includes the placing of construction materials in a permanent position and fastened in a permanent manner and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

(Code 1980, § 11.15, subd. 1; Code 1997, § 74-1176)

(a)

In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of the ordinance from which this chapter is derived or amendment of this chapter. Such lot must be in separate ownership. This subsection shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width or both of the lot shall conform to the regulations for the district in which such lot is located.

(b)

If two (2) or more lots or combination of lots and portion of lots with continuous frontage in single ownership are of record on the effective date of the ordinance from which this chapter is derived or amendment of this chapter and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be sold or used which does not meet lot and width and area requirements established by this chapter, not shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter. However, lots or portions thereof which do not meet the requirements for lot width and area may be sold to owners of contiguous lots, provided that the aggregate meets the minimum requirements for lot width and area for the district in which they are located.

(Code 1980, § 11.15, subd. 2; Code 1997, § 74-1177)

Where, at the effective date of the ordinance from which this chapter is derived or amendment of this chapter, lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived or amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this chapter is derived or amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which the land is located.

(Code 1980, § 11.15, subd. 3; Code 1997, § 74-1178)

If a lawful use of a structure or of structure and premises in combination exists at the effective date of the ordinance from which this chapter is derived or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful subject to the following:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance from which this chapter is derived or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use, provided that the board of zoning appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

(4)

Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(6)

When a nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Code 1980, § 11.15, subd. 4; Code 1997, § 74-1179)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on the repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten (10) percent of the estimated market value of the building, provided that the cubical space content of the building as it existed on the effective date of the ordinance from which this chapter is derived or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. If such structure shall be destroyed by any means to an extent of more than fifty (50) percent of its estimated market value at time of destruction, it shall not be reconstructed except in conformity with this chapter.

(Code 1980, § 11.15, subd. 5; Code 1997, § 74-1180)

A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in section 50.0002, shall be subject to the provisions of subsections (1) through (5) of this section:

(1)

A nonconforming, structure or occupancy must not be expanded, changed, enlarged or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited.

(2)

Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of the structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques allowable in the state building code, except as further restricted in subsections (3) through (6) of this section.

(3)

The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty (50) percent of the market value of the structure. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds fifty (50) percent of the market value of the structure, then the structure must meet the standards in ordinance for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.

(4)

If any nonconforming use or structure is substantially damaged, as defined in section 50.0002, it shall not be reconstructed.

(5)

If any nonconforming use or structure experiences a repetitive loss, as defined in section 50.0002, it must not be reconstructed except in conformity with the provisions of this chapter.

(6)

A substantial improvement, as defined in section 50.0002, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration or other improvement to the inside dimension of an existing nonconforming building shall not be allowed.

(Code 1980, § 11.15, subd. 6; Code 1997, § 74-1181; Ord. No. 114, 3d, § 1, 2-11-2008; Ord. No. 188, 5d, § 15, 10-27-2014)