A.

Within the districts established by this title, or amendments that may later be adopted, there exist:

1.

Lots;

2.

Structures;

3.

Uses of land and structures; and

4.

Characteristics of use which were lawful before the ordinance codified in this title was passed or amended but which would be prohibited, regulated or restricted under its current terms or future amendment. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities 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.

B.

Nonconforming uses are declared by these regulations to be incompatible with other permitted uses in the districts involved. A nonconforming use of structure or a nonconforming use of land and structure combination shall not be extended or enlarged, after passage of the ordinance codified in this title, by attachment on a building or premises intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

C.

To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of the adoption or amendment of the ordinance codified in this title, and upon which actual building construction has been carried on diligently. Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(Ord. 292, § 1601, 1980)

A.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this title, notwithstanding limitations imposed by other provisions of this title.

B.

Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the city board of adjustment.

C.

In any district, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this title, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be undivided parcel for the purpose of this title; and no portion of such parcel shall be used or sold in a manner which diminished compliance with lot width and area requirements established by this title; nor shall any division of any parcel be made which creates a lot with width or area below requirements stated in this title.

(Ord. 292, § 1602, 1980)

Where at the time of passage of the ordinance codified in this title, lawful use of land exists which would not be permitted by the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful, provided:

A.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title;

B.

If any such nonconforming use of land ceases for any reason for a period of more than two years, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located;

C.

No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.

(Ord. 292, § 1603, 1980)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion of such structure may be altered to decrease its nonconformity;

B.

Should such nonconforming structure or nonconforming portion of structures be destroyed by any means to an extent of more than fifty (50) percent of its reasonable fair market value/replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title;

C.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved;

D.

Notwithstanding the foregoing, any external stairs, decks, porches, patios, or similar external structures may be replaced with substantially similar structures, without the need for a variance, if such replacement does not increase the structure's nonconformity.

(Ord. 292, § 1604, 1980; Ord. No. 551, 1-11-2016)

A.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current reasonable fair market value/replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

B.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, or rebuilt except in conformity with the regulations of the district in which it is located.

C.

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part of any such building declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Ord. 292, § 1605, 1980)

Any use which is permitted as a conditional use in a district under the terms of this title (other than a change through city planning commission action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use at the date of adoption of the ordinance codified in this title.

(Ord. 292, § 1606, 1980)