Where, on January 18, 1979, or at the time of passage of any amendments to this chapter, lawful use of land and/or structures exists which would not be permitted by this chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use and/or structure shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on January 18, 1979, or at the effective date of any amendment of this chapter, unless such enlargement does not result in an increase in nonconformity or results in a change to a use permitted in the district.

(2)

No such nonconforming use and/or structure shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use and/or structure on January 18, 1979, or at the effective date of any amendment of this chapter, unless such move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

(3)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land. No additional uses of a nature which would be prohibited generally in the district involved shall be permitted.

(4)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on January 18, 1979, or at the time of any amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(5)

When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.

(6)

If any such nonconforming use of land and/or structure ceases for any reason for a period of more than two years (except when government action impedes access to the premises), any subsequent use of such land and/or structure shall conform to the regulations specified by this chapter for the district in which such land is located.

(7)

If any change in title of possession, or renewal of a lease of any such lot or structure occurs, the existing use may continue.

(8)

The nonconforming use and/or structure may be modified provided the modified use and/or structure decreases the total square footage of the use and/or structure occupied at the time it became a nonconforming use and provided the aforementioned modification contains an environmentally beneficial component.

(Code 1990, § 15-331; Ord. of 1-18-1979, § 11-1; Ord. No. 0-2005-1, § 1, 8-24-2004; Ord. of 6-7-2005, § 1)

(a)

All nonconforming uses shall be issued a certificate of occupancy before January 19, 1980, or in the case of a use rendered nonconforming by an amendment to this chapter, within 60 days of the effective date of such amendment.

(b)

The construction or use of a nonconforming building or land area for which a building permit was issued legally prior to January 18, 1979, may proceed, provided such building is completed within one year, or such use of land was established before February 18, 1979. However, the time period may be extended by the council, upon recommendation by the planning commission.

(Code 1990, § 15-332; Ord. of 1-18-1979, § 11-2)

(a)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixture wiring, or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structures 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 thereof, 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, repaired, rebuilt, or used except in conformity with the regulations of the district in which it is located.

(Code 1990, § 15-333; Ord. of 1-18-1979, § 11-3)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Code 1990, § 15-334; Ord. of 1-18-1979, § 11-4)

(a)

If a nonconforming structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall not exceed 50 percent of the cost of reconstructing the entire structure, it may be repaired or restored, provided any such repair or restoration is started within six months and completed within 12 months from the date of partial destruction.

(b)

If the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire structure, it may be repaired or restored only in compliance with the provisions of this chapter.

(c)

The cost of land or any factors other than the cost of the structure are excluded in the determination of fair market value for the purpose of calculating the percent of damage.

(d)

Where nonconforming status applies to a use and/or structure, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term destruction, for the purpose of this subsection, is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

(Code 1990, § 15-335; Ord. of 1-18-1979, § 11-5)

(a)

In any district, permitted structures may be erected on any nonconforming lot of record; provided that, it is in separate ownership and not of continuous frontage with other lots in the same ownership; and provided that, a variance of area, lot width, setback, and/or yard requirements is obtained through action of the board of zoning appeals.

(b)

In any district, existing permitted structures may be enlarged on any nonconforming lot of record; provided that, it is in separate ownership and not of continuous frontage with other lots in the same ownership; and provided that, the setback and yard requirements are met.

(Code 1990, § 15-336; Ord. of 1-18-1979, § 11-6)

Any lot which, by reason of realignment of a public street or highway or by reason of condemnation proceedings, has been reduced in size to an area less than that required by law or ordinance, shall be considered a nonconforming lot of record subject to the provisions set forth in this section; and any lawful use or structure existing at the time of such highway realignment or condemnation proceedings which would thereafter no longer be permitted under the terms of this chapter shall be considered a nonconforming use or structure as that term is used in this chapter.

(Code 1990, § 15-337; Ord. of 1-18-1979, § 11-7; Ord. of 10-3-2023(2); Ord. No. 24-O-2, Exh. A, 1-9-2024; Ord. No. 24-ORD-08, § 1 (Exh. A), 4-16-2024)

(a)

When a mobile home or manufactured home (hereafter referred to as a "unit") exists at the effective date of adoption or amendment of this chapter that could not be lawfully located under the provisions of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the unit, such unit may be continued so long as it remains otherwise lawful.

(b)

Should a nonconforming unit be removed from an existing nonconforming mobile home park lot, a replacement unit or units may be substituted therefor, provided the replacement unit(s) conforms to the minimum standards as outlined in subsection (c) below.

(c)

Minimum location standards for mobile unit(s) replacement in an existing nonconforming mobile home park:

(1)

No unit shall be located closer than 15 feet to another unit.

(2)

No unit shall be located closer than five feet to the boundary line of the park.

(3)

No unit shall be located closer than five feet from the edge of the common access travel way.

(4)

Each unit shall maintain at least two off-street or off-travel way parking spaces.

(5)

Each unit may be provided appropriate access by means of stairs and an unroofed platform designed to meet USBC standards for residential access, subject to the following provisions:

a.

No stairs, deck or platform shall exceed 25 percent of the unit length.

b.

No stairs, deck or platform shall be located closer than 11 feet to an adjacent unit or the edge of the common access pavement.

c.

When a unit is designed with a second exterior door, a minimum access stairway with a platform or deck shall be permitted if the stairs are not located closer than 11 feet to an adjacent unit.

(d)

Should a unit be removed for any reason to another parcel of land, it shall thereafter conform to the regulations for the district in which it is relocated.

(e)

When a lawful accessory structure exists in an otherwise nonconforming mobile home park on the effective date of the amendment which added to this section that could not be located under the provisions of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the unit, such accessory structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

A nonconforming accessory structure in a mobile home park may be replaced or moved, but only if the replacement or the relocated structure is no closer than five feet to any other accessory structure, parcel boundary line or unit (other than the one to which it is accessory). For purposes of this section replacement of the accessory structure shall include the removal or replacement of 50 percent or more of the accessory structure as it existed upon the adoption of this amendment.

(2)

No new or replacement accessory structure shall be located closer than 20 feet to the centerline of any common access travel way.

(3)

Any new or replacement accessory structure located in an existing nonconforming mobile home park shall not exceed a maximum height of 12 feet nor exceed 120 square feet in total area.

(f)

For the purposes of this section, a "park lot" shall mean a discrete location within a nonconforming mobile home park which provides adequate setbacks as required by this section and to which utilities have been extended to permit lawful habitation.

(Ord. No. 0-2001, § 15-338, 12-7-2000)