12-100 Purpose and intent: It is the purpose of this section that nonconforming uses and structures shall be eventually discontinued and the use of such premises shall be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming use.

Except as hereinafter provided, no nonconforming use of land or building, nor any nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformity with the following regulations.

12-101 Recognition of nonconformity: A nonconforming status under the provisions of this chapter shall exist under the following circumstances:

(A)

Pre-existing to chapter. A nonconformity shall exist when a use or structure that does not conform to the regulations prescribed for the district in which such use or structure is located was in existence and lawfully constructed, located and operating on the effective date of this chapter and has since been in regular and continuous use.

(B)

Pre-existing at annexation. A nonconformity shall exist when a use or structure that does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully constructed, located and operated at the time of annexation to the city and has since been in regular and continuous use.

12-102 Registration of nonconforming uses: The user or owner of all nonconforming uses of land or buildings shall, within eighteen (18) months after the effective date of this chapter, register such nonconforming use by obtaining from the city a certificate of occupancy (nonconforming). Such certificate of occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use as contrasted to an illegal use or violation of this chapter. The city shall maintain a register of all certificates of occupancy issued for nonconforming uses.

12-103 Termination of nonconforming uses: It is the intent of this chapter that nonconforming uses eventually be discontinued having due regard for the property owner's investment. Conditions that would require nonconforming uses to be terminated are provided below.

(A)

Remodeling and enlarging. A nonconforming use may be occupied, used and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided.

(B)

Right to operate. The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:

(1)

Abandoned use of structure. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this chapter. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use that is discontinued, or that remains vacant, for a period of six (6) months shall be considered abandoned.

(2)

Violation of provisions. Whenever there is a violation of any of the provisions of this chapter or violation of any ordinance of the city with respect to a nonconforming use.

(3)

Conformance by rezoning. Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district.

(4)

Conformance by change of use. Whenever a nonconforming use is changed to a conforming use under the provisions of this chapter.

(5)

Destroyed or damaged structure. Whenever the structure in which a nonconforming use is housed, operated or maintained is destroyed or damaged by fire or other causes to the extent of more than fifty-one (51) per cent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate.

(6)

Time limitation. Whenever the time limitation established by a specific use permit has expired.

12-104 Changing nonconforming uses. Changes from nonconforming uses to conforming uses may be approved administratively; however, changes that do not eliminate nonconforming uses must be approved by the board of adjustment and may be authorized only upon the board's finding that the change conforms to the intent of this chapter and is in the public's interest.

(A)

Changing to conform. Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(B)

Granting of change. The board may grant a change of use from one (1) nonconforming use to another nonconforming use provided such changes are to a use permitted in a zoning district where the original nonconforming use would be permitted or provided that such change is to a use permitted in a more restrictive classification.

(C)

Approval to remodel and/or enlarge. The board may approve the remodeling and/or enlargement of a nonconforming use if such remodeling or enlargement will improve the condition of the structure, if it will bring the structure closer into compliance with this chapter, or if it will improve or otherwise enhance public health, safety, or welfare.

12-105 Limitations on changing nonconforming uses. Certain changes to nonconforming uses shall not be authorized by the board of adjustment and are identified below.

(A)

Changing to another nonconforming use. No nonconforming use shall be changed to another nonconforming use if the new nonconforming use will require more off-street parking or loading spaces than the original nonconforming use unless additional off-street parking or loading spaces are provided so as to comply with the requirements of this chapter.

(B)

Maintenance of dwelling unit density. The number of dwelling units in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units existing on the effective date of this chapter.

(C)

Changes occurring off-site. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this chapter except to provide off-street loading or parking spaces upon approval of the board.

(D)

Other ordinances. All nonconforming uses being expanded under the provisions of this section shall comply with all other applicable provisions of this chapter.

12-106 Termination of nonconforming structures. The right to use and maintain a nonconforming structure shall cease whenever there is damage or destruction of a nonconforming structure to the extent of more than fifty-one (51) per cent of its replacement cost, unless the board of adjustment approves the rebuilding of the nonconforming structure after a public hearing and favorable action by an affirmative vote of at least four (4) members of the board.

(Ord. No. 13-12, § I(Exh. A), 8-5-13)