It is the intent of this chapter to permit the continuance of a lawful use of any building or land existing at the effective date of the ordinance from which this chapter is derived, although such use of land or structure may not conform with the provisions of this chapter. Further, it is the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same districts. The continuance of all nonconforming uses and structures within the city shall be subject to the conditions and requirements set forth in this article.

(Code 2009, § 48-745; Ord. No. 142, § 18.01, 2-6-1990)

(a)

Structural changes. The building that is nonconforming shall not be structurally changed, or enlarged unless the resultant changed, altered, or enlarged building conforms to the provisions of this chapter for the district in which it is located except as provided in this section.

(b)

Repairs. Any lawful nonconforming building may be repaired, reinforced, or reconstructed during its life to correct deterioration, obsolescence, depreciation, and wear, provided that such repair does not exceed an aggregate cost of 60 percent of the state equalized value of the building unless the subject building is changed by such repair to a conforming building or structure.

(c)

Alterations and improvements. Nothing in this chapter shall prohibit the alterations, improvement or modernizing of a lawful nonconforming building, provided that such alteration does not increase any dimensional nonconformity and provided that such improvements do not exceed an aggregate cost of 80 percent of the state equalized value of the building unless the subject building is changed by such improvement to a conforming structure. The zoning board of appeals may grant a variance for an alteration, improvement or modernization of a structure that increase the nonconformity of the structure only if the requirements of section 46-120 are met.

(d)

Prior construction approval. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of the ordinance from which this chapter is derived, provided that construction is commenced within 90 days after the date of issuance of the permit, that construction is carried on diligently and without interruption for a continuous period in excess of 30 days; and that the entire building shall have been completed according to the plans filed with the permit application within two years after the issuance of the zoning permit.

(Code 2009, § 48-746; Ord. No. 142, § 18.02, 2-6-1990; Ord. No. 142U, 5-6-2003)

Any lawful nonconforming use damaged by fire, explosion, or an act of God, or by other causes may be restored, rebuilt, or repaired, provided that the structure housing the nonconforming use has not been more than 50 percent destroyed as measured by the usable cubic space previously existing in said structure.

(Code 2009, § 48-747; Ord. No. 142, § 18.03, 2-6-1990)

Whenever a nonconforming use has been discontinued for one year, such discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming use. At the end of this period of abandonment, the nonconforming use shall not be reestablished, and any future use shall be in conformity with the provisions of this chapter.

(Code 2009, § 48-748; Ord. No. 142, § 18.04, 2-6-1990)

If a nonconforming use is changed to a use permitted in the district in which it is located, it shall not revert or be changed back to a nonconforming use.

(Code 2009, § 48-749; Ord. No. 142, § 18.05, 2-6-1990)

No nonconforming use shall be extended to displace a conforming use.

(Code 2009, § 48-750; Ord. No. 142, § 18.06, 2-6-1990)

The city zoning board of appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which it is replacing.

(Code 2009, § 48-751; Ord. No. 142, § 18.07, 2-6-1990)

Those nonconforming uses which are created after the effective date of the ordinance from which this chapter is derived shall be declared illegal nonconforming uses and shall be discontinued following the effective date of the ordinance from which this chapter is derived. Uses which were illegal under a prior ordinance and which do not conform to this chapter shall continue to be illegal.

(Code 2009, § 48-752; Ord. No. 142, § 18.08, 2-6-1990)

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district or another classification, the foregoing provisions shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

(Code 2009, § 48-753; Ord. No. 142, § 18.09, 2-6-1990)

The city commission may acquire properties on which nonconforming buildings or uses are located, by condemnation or other means, and may remove such uses or structures. The resultant property may be leased or sold for a conforming use or may be used by the city for a public purpose. The net cost of such acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.

(Code 2009, § 48-754; Ord. No. 142, § 18.10, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

Notwithstanding limitations imposed by other provisions of this chapter, any permitted use in a district and its customary accessory uses may be erected on any lot which was a lot of record prior to the effective date of adoption or amendment to the ordinance from which this chapter is derived. This provision shall apply even though such lot fails to meet any of the dimensional requirements for the district in which such lot is located. Variances may be granted for required setbacks and yard sizes, provided that adequate potable water and proper sewage disposal facilities are provided. The zoning board of appeals in granting the variance must ensure that the spirit of this chapter is observed, public safety secured and substantial justice is done.

(b)

If two or more lots, combination of lots, or portions of lots are contiguous and have continuous frontage in single ownership, are of record at the time of passage or amendment of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of said lots or parcels shall be used or occupied by a principal use which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(Code 2009, § 48-755; Ord. No. 142, § 18.11, 2-6-1990; Ord. No. 142U, 5-6-2003)