The lawful use of land containing no buildings which does not conform to the provisions of this title shall be discontinued within five (5) years from the time of the original approval of this title, and the use of land which becomes nonconforming by reason of a subsequent change in this title shall also be discontinued within five (5) years from the date of the change. (Ord. 252, 12-7-1955)

   A.   Continuance Of Use: The lawful use of a building existing at the time of the original adoption of this title may be continued although such use does not conform with the provisions hereof, and such use may be extended throughout the building; provided, no structural alterations, except those required by law or the provisions of this code, are made therein.

   B.   Change To Other Nonconforming Use: If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. (Ord. 252, 12-7-1955)

No building in need of repairs or which has been damaged by casualty loss of more than fifty percent (50%) of its appraised value shall be restored. Buildings in need of repair or damaged by a casualty loss of less than fifty percent (50%) of its appraised value may be restored or reconstructed in the same floor plan and size of the original building. Changes in use shall be in conformity with the regulations of this title. In the event of a site built residential use building that is a legally nonconforming property at the time of a casualty loss, regardless of percent of repair costs or damage to appraised value, may be reconstructed in the same floor plan and size of the original building. Deviations must be presented to the planning and zoning commission and approved by city council. (Ord. 1105, 2-14-2005)

In the event that a nonconforming use of any building or premises is discontinued for a period of two (2) years, the use of the same shall thereafter conform to the use permitted in the district in which it is located. (Ord. 252, 12-7-1955)

No existing building or premises devoted to a use not permitted by this title in the district in which such building or premises is located, except when required to do so by law or the provisions of this code, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located. (Ord. 252, 12-7-1955)

   A.   Uses Allowed With Special Permit; Hearing: The city council may, by special permit after public hearing, and subject to such protective restrictions that it deems necessary, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this title:

Airport or landing field.

Cemetery.

Community building or recreation field.

Extraction of gravel, sand or other raw materials.

Government buildings. Any public building erected and used by any department of the city, county, state or federal government.

Greenhouses; provided, that any such structures shall not be less than one hundred feet (100') from all property lines.

Hospitals, clinics and institutions, except institutions for criminals, and those for persons that are insane or have contagious diseases; provided, however, that such buildings may occupy not over twenty five percent (25%) of the total area of the lot and will not have any serious and depreciating effect upon the value of the surrounding property; and provided, further, that the buildings shall be set back from all yard lines a distance of not less than two feet (2') for each foot of building height.

Industrial uses excluded from the D industrial district, to locate in the D industrial district.

Parking lots adjacent to, across a street from, or across an alley from a C commercial district, or a D industrial district.

Temporary commercial amusements or recreational development.

   B.   Application To Planning And Zoning Commission: Before issuance of any special permit for any of the above buildings or uses, the city council shall refer the proposed application to the city planning and zoning commission, which commission shall be given thirty (30) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare.

   C.   Filing Of Commission Report: No action shall be taken upon any application for a proposed building or use above referred to until, and unless, the report of the city planning and zoning commission has been filed; provided, however, that if no report is received from the city planning and zoning commission within thirty (30) days, it shall be assumed that approval of the application has been given by the said commission. (Ord. 252, 12-7-1955)