Any lawfully established use of a building or land, at the effective date of the ordinance from which this title is derived, or of amendments thereto, that does not conform to the use regulations of the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(Code 1994, § 5-5-1)

(a)

When any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(b)

When a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of six consecutive months, or for a continuous period of 12 months if the building was originally designed and constructed for a nonresidential use, or when there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be re-established and the use of the premises thereafter shall be in conformity with the regulations of the district.

(c)

Where the use of land without an enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment.

(d)

An illegal nonconforming use not authorized by the provisions of the city ordinance in effect at the time the ordinance from which this title is derived becomes effective shall be discontinued and not re-established, unless the provisions of this title find the use to be conforming to the district in which it is then located.

(Code 1994, § 5-5-2)

A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use.

(Code 1994, § 5-5-3)

The following nonconforming uses of buildings, structures, or land shall be discontinued and completely removed from the premises and shall not be resumed or maintained at the expiration of two years from the effective date of any amendment to this title which causes the use to hereinafter become nonconforming:

(1)

Any nonconforming use which is conducted primarily on open land and does not utilize any permanent enclosed building or structure, or where the only buildings or structures employed are accessory or incidental to such use.

(2)

Any nonconforming building or structure having an assessed valuation not in excess of $1,500.00 on the effective date of the ordinance from which this title is derived.

(3)

Any nonconforming sign, billboard or outdoor advertising structure.

(4)

Any nonconforming junkyard or automobile wrecking yard.

(Code 1994, § 5-5-4; Ord. No. 2213, 9-1-1987)

(a)

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law.

(2)

When the alteration will actually result in eliminating the nonconforming use.

(3)

When a building containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(Code 1994, § 5-5-5)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use in compliance with the provisions of this title. In the event the damage or destruction is less than 50 percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued as it existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of one year and diligently prosecuted to completion.

(Code 1994, § 5-5-6)

(a)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.

(b)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(c)

No nonconforming building in any residential district shall be so altered as to increase the number of dwelling units therein.

(d)

No nonconforming use may be enlarged or extended in such a way as to occupy any open space required by this title or any land beyond the boundaries of the zoning lot as it existed at the effective date of the ordinance from which this title is derived, or to displace any conforming use in the same building or on the same parcel.

(Code 1994, § 5-5-7)

(a)

Notwithstanding the foregoing, upon nonconforming special use application and hearing, the zoning board of appeals may find the continuance of a nonconforming use not detrimental to the public interest and may recommend the granting of a nonconforming special use to remove restrictions and limitations which would otherwise apply on the expansion, enlargement or reconstruction of the nonconforming use.

(b)

In granting a nonconforming special use, the zoning board of appeals shall find that the property for which the nonconforming special use is applied meets the conditions as stated in section 4-12-10. In addition, the board may recommend, and the city council may require, certain conditions of use, operation or improvement without which, in the opinion of the board and council, the elimination of restrictions on nonconforming uses would not be appropriate in the neighborhood in which the use is located. Failure of the use to meet such conditions in a continuing manner shall be considered a zoning violation, subject to the penalties of this title. In addition, should it be found that the owner is unwilling to comply with the stipulated conditions under which the nonconforming special use was granted, the use will revert to its initial nonconforming use status with all restrictions and limitations as existing prior to the granting of the nonconforming special use.

(Code 1994, § 5-5-8; Ord. No. 2544, 10-29-1991)