Any lawful use of the land or buildings existing at the date of passage of the ordinance from which this article is derived and located in a district in which it would not be permitted as a new use under the regulations of this article is hereby declared to be a nonconforming use and not in violation of this article at the date of adoption of the ordinance from which this article is derived; provided however, that a nonconforming use shall be subject to, and the owner comply with, the regulations set forth in this article.

(Ord. No. 68-15, art. V(intro.), 10-22-1968)

(a)

At any time after the adoption of this article should the city become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the building inspector of the provisions of this section, and that his property constitutes a nonconforming use. Within 30 days after receipt of said notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application of such certificate shall designate the location, nature, and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy. If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this article. The building inspector and the city attorney shall take appropriate action to enjoin such violation.

(b)

If the building inspector shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or, if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the state construction code or this article in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this article.

(c)

The certificate of occupancy issued by the building inspector for a nonconforming use shall state that the use may be continued indefinitely, or for those uses listed in section 52-967, that the use must be discontinued.

(Ord. No. 68-15, § 5.01, 10-22-1968)

The nonconforming use of land, where no building or structure is involved, which existed when the ordinance from which this article is derived became effective, may be continued provided that:

(1)

No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

(2)

If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this article.

(3)

Any sign, billboard, commercial advertising structure or similar object which lawfully existed and was maintained at the time the ordinance from which this article is derived became effective may be continued although such use does not conform with the provisions of this article; provided further, that all such nonconforming signs, billboards, commercial outdoor advertising structures and objects, and their supporting members located in an R-1A, R-1B, R-2, RM, RMA and RO-1 districts, shall be completely removed from the premises within ten years of the passage of the ordinance from which this article is derived or amendments thereto.

(Ord. No. 68-15, § 5.02, 10-22-1968)

A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

(Ord. No. 68-15, § 5.03, 10-22-1968)

A nonconforming use may not be expanded or extended throughout other portions of the building. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building or portion thereof shall be in conformity to the regulations of the district in which such building is located.

(Ord. No. 68-15, § 5.04, 10-22-1968)

No nonconforming use of a building may be moved to any other part of a parcel of land upon which same was conducted at the time of the adoption of the ordinance from which this article is derived.

(Ord. No. 68-15, § 5.05, 10-22-1968)

No nonconforming building shall be enlarged or structurally altered except to make it comply with requirements of health and safety laws or ordinances; provided further, that the cost of such work shall not exceed 50 percent of the city assessed valuation of such building or structure at the time such work is done.

(Ord. No. 68-15, § 5.06, 10-22-1968)

(a)

Any nonconforming building or structure which has been destroyed or damaged in any way and by any source, including, but not limited to, fire, explosion, Act of God, or by public enemy, to the extent that the damage is less than 50 percent of its assessed valuation, exclusive of the foundation or accessory structures, at the time such damage occurred, then the structure may be restored to the same nonconforming zoning use as existed before such damage, provided that such restoration shall be subject to the approval of the zoning board of appeals, which shall not be unreasonably denied. The restoration shall be commenced within six months of the date the destruction occurred and shall be diligently carried on to completion. Any construction and repair shall conform to the state construction code and safety codes of the city.

(b)

Any nonconforming single-family dwelling which has been destroyed or damaged in any way and by any source, including, but not limited to, fire, explosion, Act of God, or by public enemy, to the extent that the damage is 50 percent or more of its assessed valuation, exclusive of the foundation or accessory structures, at the time such damage occurred, may be restored to the same nonconforming zoning use as existed before such damage, provided:

(1)

The dwelling was physically occupied for at least nine months out of the immediately past 12 months by the owner of record or a member of the immediate family;

(2)

Immediately before the property was destroyed, the property was not a rental property, as defined by city ordinances;

(3)

The restoration shall be commenced within six months of the date the destruction occurred and shall be diligently carried on to completion;

(4)

After restoration, the property will be used as a nonrental, single-family residential dwelling;

(5)

The restoration, as much as possible and as the state construction code allows, shall be within the same footprint of the original structure and shall be of the same size and style of construction;

(6)

The restoration shall be subject to the final approval of the zoning board of appeals to ensure compliance with this article and which approval shall not be unreasonably withheld; and

(7)

All restoration construction and repair shall conform to the state construction code and safety codes of the city.

(c)

All other nonconforming buildings or structures which have been destroyed or damaged in any way and by any source, including, but not limited to, fire, explosion, Act of God, or by public enemy, to the extent that the damage is 50 percent or more of the building or structures' assessed valuation, exclusive of the foundation or accessory structures, at the time the damage occurred, the building shall thereafter be made to conform with all of the provisions of this Code and city ordinances in effect at the time.

(d)

Assessed valuation shall be the true cash value as contained on the city's current assessment roll at the time of the event causing the destruction or damage.

(Ord. No. 68-15, § 5.07, 10-22-1968; Ord. No. 2006-06, § 1(5.07), 11-14-2006)

Any nonconforming use of land or building which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months shall thereafter conform to the provisions of this article.

(Ord. No. 68-15, § 5.08, 10-22-1968)

(a)

Within six months after the adoption of the ordinance from which this article is derived, or any amendments thereto, the building inspector shall prepare a record of all known nonconforming uses and occupations of lands, buildings, and structures, including tents and trailer coaches, existing at the time of the ordinance from which this article is derived or amendment.

(b)

Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such list shall be available at all times in the office of the city clerk.

(Ord. No. 68-15, § 5.09, 10-22-1968)

There may be a change in tenancy, ownership, or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

(Ord. No. 68-15, § 5.10, 10-22-1968)

(a)

The city planning commission may from time to time recommend to the city council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this article; and the removal of such use or structure.

(b)

The city planning commission shall submit its reasons and estimates of cost and expenses of such acquisition and of the removal of the nonconformity, and of the probable resale price of the property to be acquired after removal of the nonconformity as obtained from the appropriate city department, board or commission. The city planning commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconformity, and the probable resale price which in their opinion should be assessed against a benefited district.

(c)

Whenever the city council has under advisement the acquisition by purchase, condemnation or otherwise as provided by law of any such nonconforming building, structure or use, a preliminary public hearing thereon shall be held before that body; provided that not less than 15 days' notice of time, place, and purpose of such public hearing shall first be published in a paper circulating in the city, and that the city clerk shall send by mail addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of the time, place, and purpose of such hearing; and provided further that, if the cost and expense of any portion thereof is to be assessed to a special district, the city assessor shall be directed to furnish the city council with a tentative special assessment district and the tentative plan of assessment, the names of the respective owners of the property in such district, and the addresses thereof in the last assessment roll; and the city clerk shall also send the said respective owner in the tentative assessment district.

(d)

Wherever the city council, after such public hearing, shall declare by resolution that proceeding be instituted for the acquisition of any nonconforming building, structure or use in accordance with the laws of the state, and the Charter and ordinances of the city, the city clerk shall send by registered mail a certified copy of such resolution to the respective owners of the properties and to the owners of the properties in any special district at the addresses given in the last assessment roll.

(e)

Upon the passing of title in the private property so acquired to the city, the city council shall cause the discontinuance or removal of the nonconforming use or the removal or demolition or remodeling of the nonconforming structure. The city council shall thereafter order such property sold or otherwise disposed of, but only for a conforming use. The city council shall confirm the cost and expense of such project and report any assessable cost to the city assessor who shall then prepare an assessment roll in the manner provided for in the Charter and the ordinances of the city. Such an assessment roll may, in the discretion of the city council, be in one or more but not to exceed five annual installments.

(Ord. No. 68-15, § 5.11, 10-22-1968)