(a)

Authority to continue nonconforming uses. The use of land or buildings or structures, which was lawful upon the effective date of the ordinance from which this article is derived, although not conforming to the provisions hereof, may be continued subject to the terms of this article.

(b)

Nonconforming accessory uses. No accessory use to a nonconforming use shall continue after termination of the nonconforming use unless such accessory use otherwise complies with the provisions of this article.

(Code 1998, § 126-71; Ord. No. 816, § 1, 8-14-2007)

A structure lawfully existing on the effective date of the ordinance from which this article is derived, although not conforming to the provisions hereof, shall be allowed to continue in existence subject to the terms of this article.

(Code 1998, § 126-72; Ord. No. 816, § 1, 8-14-2007)

The following are hereby declared to be legal nonconforming uses: Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of the ordinance from which this article is derived. Also, this shall apply to any amendments to the zoning code and when property is annexed into the city.

(Code 1998, § 126-73; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1120, § 1(3), 11-15-2016)

The status of nonconforming uses and nonconforming structures are not affected by ownership and/or occupancy change, except as otherwise provided herein.

(Code 1998, § 126-74; Ord. No. 816, § 1, 8-14-2007)

Normal maintenance and incidental repair may be performed on a complying structure that contains a nonconforming use or on a nonconforming structure. This section shall not be construed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the building official who declares a structure to be unsafe and orders its restoration to a safe condition.

(Code 1998, § 126-75; Ord. No. 816, § 1, 8-14-2007)

(a)

Abandonment. Under this chapter a nonconforming use may be abandoned subject to the following:

(1)

Determination. A nonconforming use of land or of a structure in a district that is discontinued or remains vacant for a continuous period of six months shall be presumed to be abandoned and shall not thereafter be re-established or resumed. Any subsequent use or occupancy of the structure or land site must conform with the regulations for the district in which it is located.

(2)

Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon showing that during such period the owner of the land or structure has been:

(i)

Maintaining the land and structure in accordance with the building code and did not intend to discontinue the use;

(ii)

Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or

(iii)

Engaged in other activities that would affirmatively prove there was not intent to abandon.

(3)

Calculation of period of abandonment. Any period of such discontinuance caused by government action, fire or natural calamities and without any contributing fault by the nonconforming user shall not be considered in calculating the length of discontinuance of use pursuant to this section.

(b)

Movement, alteration and enlargement. No nonconforming use or structure may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except as follows:

(1)

Enlargement, expansion or extension. A nonconforming use or structure may not be enlarged, expanded or extended to occupy all or a part of another structure or land site that it did not occupy on the effective date of the provisions of this chapter. The enlargement, expansion or extension of a nonconforming residential structure or use shall be excepted from this limitation, provided that the enlargement, expansion or extension does not exceed 50 percent of the appraised value of the structure as it existed prior to the enlargement, expansion or extension; and, the structure complies with all other regulations, e.g. height, setbacks, etc., for the property on which it is located.

(2)

Exterior or interior remodeling or improvements to structure. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the nonconforming use.

(3)

Relocation of structure. A structure containing a nonconforming use may not be relocated to another site unless the use and the structure shall conform to the regulations of the district into which the structure is relocated.

(4)

Change of nonconforming nonresidential use to another nonconforming use. Upon application to the zoning official, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of the same or similar type, but of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.

(Code 1998, § 126-76; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1176, § 1, 12-18-2018)

(a)

Mobile homes and manufactured homes lawfully existing and occupied within the city prior to the effective date of the provisions of this chapter, shall be allowed to continue and be maintained. There shall be no enlargements or add-ons to the home.

(b)

If a mobile home or manufactured home is removed, demolished or damaged by an act of God or by fire, the remains of the unit destroyed must be completely removed and the new unit, if applicable, installed within 90 days. An extension of time may be granted by the building official if additional time is necessary because of a natural disaster, fire, legal proceeding or other factor beyond the control of the owner.

(c)

Any manufactured home lawfully existing and occupied within the city prior to the effective date of the provisions of this chapter, shall be allowed to continue and may be replaced once with another manufactured home, provided the new manufactured home complies with all state and local construction or manufacturing standards, including any requirements for skirting and tie downs.

(Code 1998, § 126-77; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1120, § 1(4), 11-15-2016; Ord. No. 1176, § 2, 12-18-2018)

The continued existence of nonconforming accessory uses and nonconforming accessory structures shall be subject to the provisions governing principal nonconforming uses and nonconforming structures as set forth herein.

(Code 1998, § 126-78; Ord. No. 816, § 1, 8-14-2007)

Notwithstanding the minimum requirements for lot size within the various zoning districts, structures may be constructed, built, moved onto, expanded, reconstructed, occupied, or used on a nonconforming lot of record that existed prior to the effective date of the ordinance from which this article is derived, or any amendment hereto, provided, all such structures shall meet all other applicable requirements of this article.

(Code 1998, § 126-79; Ord. No. 816, § 1, 8-14-2007)