It is the purpose of this chapter to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. This ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are allowed in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be allowed to continue without restriction. Furthermore, it is the intent of this chapter that all nonconforming uses shall be eventually brought into conformity. (Ord. 1988-12, 12-19-1988)

   A.   Except as provided in this section, any nonconforming structure or use lawfully existing upon the effective date hereof shall not be enlarged or reconstructed, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended.

   B.   Any proposed structure which will, under this ordinance, become nonconforming but for which a building permit has been lawfully granted prior to the effective date hereof may be completed in accordance with the approved plans, provided construction is started within sixty (60) days of said effective date, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use.

   C.   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.

   D.   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building. A dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this ordinance.

   E.   Nonconforming, single-family dwelling units and developed substandard single-family lots may be expanded to improve livability if approved by the zoning administrator; provided, that the nonconformity is not increased and no other ordinance deviations are created.

   F.   Nothing in this ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official, provided the necessary repairs shall not constitute more than fifty percent (50%) of the fair market value of each structure. Said value shall be determined by the city.

   G.   No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the effective date hereof unless such movement shall bring the nonconformance into substantially closer compliance with the requirements of this ordinance.

   H.   When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

   I.   A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

   J.   If at any time, a nonconforming building, structure or use shall be destroyed to the extent of more than fifty percent (50%) of its fair market value, said value to be determined by the city, it may be reestablished to its prior size and form, but not expanded, if the property owner applies for a building permit within one hundred eighty (180) days of the damage event. If no building permit is applied for within the specified time period, then, without further action by the council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by this ordinance for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty percent (50%) of its fair market value may be restored to its former extent if it is reconstructed within twelve (12) months after the date of said damage. Estimate of the extent of damage or destruction shall be made by the building official.

   K.   Whenever a lawful nonconforming use of a structure or land is discontinued for a period of one year, any future use of said structure or land shall be made to conform with the provisions of this ordinance.

   L.   Any lawful nonconforming use of land not involving a structure, and any lawful nonconforming use involving a building or structure with an assessed valuation upon the effective date hereof of five thousand dollars ($5,000.00) or less, may be continued until January 1, 1994, whereupon, such nonconforming use shall cease. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2011-001, 2-7-2011)