A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this Title, but which, under this Title, does not conform with the use regulations of the district in which it is located. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their re-establishment after abandonment and by prohibiting the alteration of the structures in which they are located and the restoration of such structures after destruction thereof.

A nonconforming structure is a structure which was lawfully erected, under construction, or for which a building permit had been issued prior to the effective date of the ordinance codified in this Title but which, under this Title, does not conform with the standards of coverage, setbacks, height, or other regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this Chapter is intended to limit nonconforming structures by prohibiting major enlargements that would increase the discrepancy between existing conditions and the standards prescribed in this Title. (Ord. 89-1 § 1, 1989.)

Except as otherwise provided in this Title, and subject to the specific provisions of this Chapter, nonconforming structures and nonconforming uses of land or structures which are lawfully existing, or for which building permits had been issued on or before the effective date either of the ordinance codified in this Title or any amendment of this Chapter may be constructed and/or continued, even though the particular structure or use does not conform to the regulations for the zone in which it is located; provided, however, that except as otherwise provided in this Chapter no nonconforming use may be extended to occupy a greater or different area of land or structure than is occupied at the time it first became nonconforming. Routine maintenance and repairs may be performed on a structure or site, the use or structure thereon being nonconforming. (Ord. 89-1 § 1, 1989.)

This chapter shall likewise apply to structures, land and uses which hereafter become nonconforming as the result of any zone reclassification. (Ord. 89-1 § 1, 1989.)

On application of any interested resident or on its own initiative, the Planning Commission may require that the owner of any property subject to a nonconforming use or structure establish the legality of such use or structure by sufficient evidence at public hearing before the Planning Commission following at least ten days’ notice. Any interested person may present evidence at such hearing and such hearing may be continued by the Planning Commission for the taking of additional evidence. Any interested person may appeal the decision of the Planning Commission to the City Council by written notice of appeal filed within seven days after the Planning Commission’s decision is rendered, in which event the City Council shall, after ten days’ notice, hear the appeal. If the owner prevails, he shall be issued a certificate of nonconforming use, or structure, as the case may be, and a copy of such certificate shall be filed with the City Clerk, who shall maintain an index of all such certificates. If he does not prevail, any such illegal use shall be abated within thirty days, and any such illegal structure shall be abated or made to conform to existing zone regulations within one hundred eighty days after final decision unless additional time is granted by the Planning Commission or by the City Council on appeal. (Ord. 89-1 § 1, 1989.)