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

   Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where that use involves no individual structure with an assessed value exceeding an amount as set by the City Council, and amended by resolution from time to time, the use may be continued so long as it remains otherwise lawful, provided:

   (A)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance;

   (B)   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 the use at the effective date of adoption or amendment of this ordinance;

   (C)   If any such nonconforming use of land ceases for any reason for a period of more than 1 year, the land shall conform to the regulations specified by this ordinance for the district in which the land is located; and

   (D)   No additional structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land.

   If lawful use involving individual structures with an assessed value in an amount as set by the City Council, and amended by resolution from time to time, or of structure and premises in combination, exists at the effective date of adoption of this ordinance that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

   (B)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside that building;

   (C)   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.  Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use; and

   (D)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the nonconforming status of land.

   Where a lawful structure exists at the effective date of adoption of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, that structure may be continued as 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, except that the extension of any established nonconforming setback building line (such as foundation wall, parking lot edge), does not violate the intent of this provision even though the extension may result in the addition of structure or parking lot square footage; and

   (B)   Any nonconforming structure or portion thereof may be altered to decrease its nonconformity.

   (C)   If any such nonconforming structure ceases being used for any reason for a period of more than 6 months, any subsequent use of the structure shall conform to the regulations specified by this ordinance for the district in which the structure is located.

   (A)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance.  This provision shall apply even though the lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements, not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.

   (B)   If 2 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 this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of that parcel shall be used or occupied which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot width or area below the requirements stated in this ordinance.

   (C)   Administrative clarification of 1-29-1987:  The extension of any established nonconforming setback building line (foundation wall/parking lot edge), does not violate the intent of this provision, which results in the addition of structure or parking lot square footage.

   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement or non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 25% of the current city assessed value 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.  If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to a lack of repairs and maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

   Nothing in this ordinance shall prevent the reconstruction, repair, or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God, or acts of public enemy, subsequent to the effective date of this ordinance, provided that the restoration and resumption shall take place within 6 months of the time of the damage and that it be completed within 1 year from time of the damage, and provided further that the use be identical with nonconforming use permitted and in effect directly preceding the damage.  Where pending insurance claims require an extension of time, the Zoning Administrator may grant a time extension, provided that the property owner submit a certification from the insurance company attesting to the delay.  Until that time when the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises.  No fee shall be charged for an appeal under the provisions of this section.

   When nonconforming use of property is discontinued through vacancy, lack of operation, or other similar condition, and upon a showing of intent of the owner or holder of the nonconforming use status to discontinue said use, for a period of 6 months or more, thereafter no right shall exist to maintain on that property a nonconforming use unless the Board of Zoning Appeals grants that privilege within 6 months after the discontinuance.  No nonconforming use, if changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.

   The use of a nonconforming building or structure may be changed to another use permitted in the most restricted district in which that nonconforming use is permitted.  Where the use of a nonconforming building or structure is hereafter changed to a use permitted in a more restricted district, it shall not thereafter be changed to a use which is not permitted in a more restricted district.  The proposed use shall be subject to all the requirements applying to that proposed use in the most restricted district in which the nonconforming use to be changed is permitted.

   No nonconforming use of any land or structure shall hereafter be enlarged or extended.  No nonconforming building or structure shall be moved in whole or in part to another location unless that building or structure and the off-street parking spaces, yard, and other open spaces provided are made to conform to all the regulations of the district in which the building or structure is to be located.

   (A)   The 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 ordinance, and the removal of that use or structure.  The Planning Commission shall submit its reasons and estimates of cost and expenses of the acquisition and removal of the nonconformity and 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 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 its opinion should be assessed against a benefitted district.

   (B)   Whenever the City Council has under advertisement the acquisition by purchase, condemnation, or otherwise as provided by law of any nonconforming building, structure, or use, a preliminary public hearing thereon shall be held before the City Council.  Not less than 15 days before the hearing, a notice of time, place, and purpose of the public hearing shall be published in a paper circulating in the city and 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 time, place, and purpose of the hearing.  If the cost and expense or 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 that district, and addresses of those owners in the last assessment roll.  The City Clerk shall also send the notice to the respective owners in the tentative assessment district.

   (C)   Whenever the City Council, after a public hearing as required in the preceding section, shall declare by resolution that proceedings be instituted for the acquisition of any property on which is located a nonconforming building, structure, or use in accordance with the laws of the state, the City Charter, this ordinance, and other applicable ordinances of the city, the City Clerk shall send by registered mail a certified copy of the resolution to the respective owners of the properties and to the owners of the properties in any special assessment district, at the address given in the last assessment roll.

   (D)   Upon the passing of title to the private property so acquired as provided in the preceding section to the city, the City Council shall cause the discontinuance or removal of the nonconforming use or the removal, demolition, or remodeling of the nonconforming structure.  The City Council shall thereafter order the property sold or otherwise disposed of, but only for a conforming use.  The City Council shall confirm the cost and expense of the project and report any assessable cost to the City Assessor, who shall then prepare an assessment roll in the manner provided for in the City Charter, this code, and other applicable ordinance of the city.  Such an assessment roll may, in the discretion of the City Council, be in 1 or more but not to exceed 10 annual installments.

   (A)   At any time after the adoption of this ordinance, should the city become aware of a nonconforming use, the owner of the nonconforming use shall be notified by the City Clerk of the provisions of this section, and that his or her property constitutes a nonconforming use.  Within 30 days after receipt of the notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use.  The application for this certificate shall designate the location, nature, and extent of the nonconforming use, and 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 ordinance.  The City Clerk and the City Attorney shall take appropriate action to enjoin the violation.

   (B)   If the Zoning Administrator 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 or she 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 Building Code or the zoning ordinance in effect at the time of construction or alteration, he or she shall not issue the certificate of occupancy but shall declare the use to be in violation of this ordinance.

   (C)   After the adoption of this ordinance, or any amendments thereto, the Zoning Administrator 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 or amendment.  This record shall contain the names and addresses of the owners of record of the nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use.  The list shall be available at all times in the office of the City Clerk.

   (A)   It is the intent of this section to recognize that the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of this ordinance, is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this ordinance.  It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established private property rights.

   (B)   Any sign, billboard, commercial advertising structure, or similar object which lawfully existed and was maintained at the time this ordinance became effective may be continued although the use does not conform with the provisions of this ordinance, provided that it shall not be:

      (1)   Changed to another nonconforming sign;

      (2)   Structurally altered as to prolong the life of the sign;

      (3)   Expanded;

      (4)   Reestablished after its discontinuance for 90 days; or

      (5)   Reestablished after damage or destruction if the estimated expanse of reconstruction exceeds 50% of the appraised replacement cost.

   In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of the filing but not with the regulations of this ordinance, and where a building permit for the building or structure has been issued and construction work started at the effective date of this ordinance, the work may proceed, provided it is completed within 1 year of that date.