(a)

Authority to continue nonconforming uses. The use of land or buildings or structures, which was lawful upon the effective date of the provisions of this chapter, 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 chapter.

(Ord. No. 420-2001, § 1, 7-24-01)

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

(Ord. No. 420-2001, § 1, 7-24-01)

The following are hereby declared to be lawfully existing nonconforming uses or structures:

(1)

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 provisions of this chapter;

(2)

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 any amendment to this chapter, the result of which amendment renders such use or structure nonconforming; and

(3)

Any existing use or structure not in conformance with the regulations of the zoning district in which it is located at the time of annexation into the city.

(Ord. No. 420-2001, § 1, 7-24-01)

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

(Ord. No. 420-2001, § 1, 7-24-01)

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.

(Ord. No. 420-2001, § 1, 7-24-01)

(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 (6) months shall be presumed to be abandoned and shall not thereafter be reestablished 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. This subsection shall not apply to the residential use of a nonconforming dwelling unit in the "NC", "GC", or "GI" districts.

(2)

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

a.

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

b.

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

c.

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 pursuant to this section.

(b)

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

(1)

Enlargement. A nonconforming use 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. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension. The enlargement, expansion or extension of a nonconforming residential use shall be excepted from this limitation, provided that the enlargement, expansion or extension does not exceed fifty (50) percent of its appraised value as it existed prior to the enlargement, expansion or extension; it was not destroyed to the extent of fifty (50) percent or more; and, it 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 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.

(c)

Destruction of structure with nonconforming use. If a structure that contains a nonconforming use is destroyed to the extent of fifty (50) percent or more of its appraised value by fire or natural calamity or is voluntarily razed or is required by law to be razed, the nonconforming use shall not be resumed. The determination of the extent of damage or destruction under this subsection shall be based on the ratio of the estimated cost of restoring the structure to its condition before the damage or destruction to the estimated cost of duplicating the entire structure as it existed prior to the damage or destruction.

(Ord. No. 420-2001, § 1, 7-24-01)

Under this chapter, a nonconforming structure may not be moved, enlarged or altered, except in the manner provided in this section, section 18-112, 18-113, or unless required by law.

(1)

Repair, maintenance, alteration and enlargement. Any nonconforming structure may be repaired, maintained, altered or enlarged; provided, however, that no such repair, maintenance, alteration or enlargement shall either create any new noncompliance or increase the degree of the existing noncompliance of all or any part of such structure.

(2)

Moving. Except as provided in sections 18-112 and 18-113, a nonconforming structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or other lot unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved.

(3)

Damage or partial destruction. If a nonconforming structure is damaged or destroyed by fire or natural calamity to the extent of fifty (50) percent or less of its appraised value, the structure may be restored if restoration is started within six (6) months and diligently pursued to completion. Any delay in starting such restoration that is caused by government action or natural calamities and without contributing fault by the owner shall be deducted in calculating the starting date of restoration.

(Ord. No. 420-2001, § 1, 7-24-01)

Mobile 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. No expansion or enlargement of a mobile home shall be allowed; provided, however, mobile homes or manufactured homes heretofore installed in compliance with city ordinances, being properly permitted thereunder, utilized continuously as a residence, and being connected to all utilities, may be replaced with newer model manufactured homes, subject to the requirements of this chapter and chapter 9 of the city's Code of Ordinances. In the event of such replacement, documentation as to the use and connection to utilities must be provided to the city, and the old unit must be removed and the new unit must be installed within ninety (90) days. An extension of such ninety-day limit on replacement may be granted by the zoning official if additional time is necessary because of a natural disaster, fire, death, legal proceeding, or other factor beyond the control of the owner.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

Any manufactured home community or manufactured home subdivision, which is lawfully existing and occupied on the effective date of the provisions of this chapter, and which does not comply with all applicable provisions of this chapter, shall be considered a nonconforming manufactured home community or manufactured home subdivision. Nonconforming manufactured home communities shall comply with the requirements of chapter 9 of the city's Code of Ordinances.

(b)

Any addition of land to a nonconforming manufactured home community or manufactured home subdivision must conform to all requirements of this chapter.

(c)

The placement or replacement of a manufactured home on any lot within a nonconforming manufactured home community or manufactured home subdivision shall be permitted, provided such placement complies with all requirements of this chapter and chapter 9 of the city's Code of Ordinances.

(Ord. No. 420-2001, § 1, 7-24-01)

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.

(Ord. No. 420-2001, § 1, 7-24-01)

The owner of any lot upon which a nonconforming use or nonconforming structure exists shall register said nonconforming use or structure with the zoning official within one (1) year following adoption of this chapter or, as applicable, following adoption of any amendment hereto, which renders such use or structure nonconforming. In the event of registration of a nonconforming use or structure, the owner thereof shall be issued a certificate of occupancy nonconforming, with a brief description of the nonconformity, which shall thereafter be considered as evidence of the lawful existence of such nonconforming use or structure. The zoning official shall maintain on file for the city all certificates of occupancy nonconforming.

In the event an owner does not register a nonconforming use or structure as provided above, thereafter the city shall require proof by the owner that a use or structure was lawfully existing at the time of adoption of this chapter, or any applicable amendment hereto, or said nonconforming use or structure shall be deemed unlawful and a violation of this chapter.

It is the express purpose and intent of this section to create a presumption of illegality for any nonconforming use or structure not registered in accordance herewith, and such presumption of illegality shall apply in any permit approval process, in any criminal proceeding relating to violations of this chapter, or to any civil proceeding in which the city seeks to enjoin violation of any provision hereof or seeks the imposition of civil penalties for any such violation.

(Ord. No. 420-2001, § 1, 7-24-01)

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 his chapter, or any amendment hereto, provided, all such structures shall meet all other applicable requirements of this chapter.

(Ord. No. 420-2001, § 1, 7-24-01)