(1)

Within the districts established by this ordinance or amendment thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended, or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which it is located. It is the intent of this ordinance to permit such nonconforming uses to continue under regulations herein contained until the same are removed, but not to encourage their survival.

(2)

Nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(3)

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

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

Any use or structure other than a single-family residence, which does not conform with the regulations of the zoning district in which it is located, shall be deemed a nonconforming use when:

(1)

Such use or structure was in existence and lawfully operating at the time of the passage of this ordinance and has since been in regular and continuous use; or

(2)

Such use or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use is otherwise not permitted; or

(3)

Such use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

(1)

The lawful use of land existing at the time of the passage of this ordinance, although such not conform to the provisions hereof, may be continued; but if said nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance.

(2)

A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as follows:

(a)

When land used for a legal nonconforming use shall cease to be used in a manner for a period of 30 calendar days.

(b)

When a building or other structure designed or used for a nonconforming use shall cease to be used in such manner for a period of six months.

(c)

Abandonment of a nonconforming use shall be determined by the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance, as the facts are found to be by the zoning board of adjustments.

(1)

A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification, after approval by the city council, provided that when a nonconforming use is changed to a nonconforming use of a higher or more restrictive classification, it shall not later be reverted to the former less restrictive classification.

(2)

No nonconforming use shall be changed to another nonconforming use which requires more off-street parking spaces or off-street loading space than the original nonconforming use unless additional off-street parking and loading space is provided so as to comply the requirements of this ordinance.

(1)

A nonconforming use of a building may be extended throughout the building, provided:

(a)

No structural alteration may be made on the building, except those required by law; and

(b)

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

(2)

No nonconforming use within a building may be extended to occupy any land outside the building.

(3)

No nonconforming use of land shall be enlarged nor extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use.

(4)

In shopping centers and multiple-tenant buildings and complexes, and multiple-building complexes, each structure and tenant shall be considered individually, and no nonconforming use in one part of such multiple-tenant building, or one single building that is part of a larger development, may be expanded beyond that portion of the building or complex.

Nothing in this ordinance shall be taken to prevent restoration of a single building destroyed to the extent of not more than 50 percent of its reasonable value by fire, explosion, or other casualty or act of God, or public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. In determining the extent of loss of a structure the methods established in the building code shall be utilized.

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

(1)

When such use is abandoned, as herein provided;

(2)

When any provision of this or any other ordinance of the city is violated with respect to a nonconforming use;

(3)

When a nonconforming use is changed to a conforming use by rezoning;

(4)

When the structure in which a nonconforming use other than a single-family residence is housed, operated or maintained is damaged to the extent of more than 50 percent of its value, as provided in 11.07 hereof;

(5)

When the right to maintain or operate a nonconforming use has been terminated by the zoning board of adjustments as provided in 15.21.

The operator, owner or occupant of all nonconforming uses of land or buildings shall, within 12 months of its becoming nonconforming, register such nonconforming use by obtaining a certificate of occupancy—nonconforming, from the zoning official, even though a previous certificate of occupancy has been issued. Such certificate of occupancy—nonconforming, shall be considered legal evidence of the legal existence of a nonconforming use as contrasted to an illegal use or violation of this ordinance. The zoning official shall maintain a register of all certificates of occupancy issued for nonconforming uses and shall, on written request and payment of a fee, issue a duplicate certificate to anyone having a proprietary interest in the property.