Buildings, structures or land nonconforming by use and/or nonconforming by dimension as defined in section 19-1, are incompatible with and detrimental to permitted uses in the zoning districts in which they are located, cause disruption of the comprehensive land use pattern of the city, inhibit present and future development of nearby properties and confer upon their owners and users a position of unfair advantage. It is a fundamental principle of this chapter that nonconformities may be continued but shall not be increased, except in circumstances where the findings of section 19-39 can be met, and should be eventually abolished or reduced to conformity according to the fair interests of the parties involved. It is also intended that existing nonconformities shall not cause further departures from this chapter for any properties.

(Rev. Ords. 1987, § 19-411)

The lawful uses of any building, structure, premises or land existing on November 29, 1966, the effective date of the ordinance from which this chapter was derived, or as of any subsequent amendment of this chapter may be continued although such use or structure does not conform with the provisions of this chapter. This shall not be interpreted to prevent the regulation of nuisances.

(Rev. Ords. 1987, § 19-412)

(a)

No addition, enlargement, expansion or intensification in the extent of the nonconforming use of premises or land shall be made, unless a special use permit is authorized in accordance with the provisions of this chapter. The conversion of an accessory porch to living space shall be permitted by right.

(1)

Special use permit criteria. In cases where addition, enlargement, expansion or intensification in the extent of a nonconforming use of premises or land is requested, the following criteria shall apply:

a.

The proposed addition, enlargement, expansion or intensification shall be limited to no more than 25 percent of its existing size. Such expansions shall only be permitted one time; subsequent applications that exceed a total of 25 percent shall not be permitted.

b.

The proposed use shall be found by the permitting authority to not have a negative impact on the surrounding area. Factors to be reviewed may include, but are not limited to impacts to area traffic, parking, public safety, environmental quality, stormwater management/flooding, provision of adequate utilities, noise, odor, lighting, historic preservation, and economic development. The zoning board of review or planning board under unified development review may require the submission of professionally prepared studies, reports and plans to inform their decision.

(b)

A use established by variance or special use permit shall not acquire the rights of this section.

(c)

Except as provided in this article, a nonconforming use shall be changed to a permitted use and once changed to a permitted use shall not thereafter be changed to a nonconforming use. A nonconforming use of land or of a structure shall not otherwise be changed to another nonconforming use that is substantially different in nature and purpose unless a variance is granted by the zoning board of review, with the additional finding that the proposed use will have a lesser undesirable impact on the surrounding area than the preceding nonconforming use.

(Rev. Ords. 1987, § 19-413; Ch. 914, § I(Att.), 12-19-23)

No addition, enlargement or expansion to a structure or building nonconforming by dimension shall be made except in conformance with the provisions of this chapter or unless a special use permit is authorized in with the provisions of this chapter. This shall not apply to the conversion of an accessory porch to living space or to second story additions, providing that there is no projection beyond the existing structure. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

(Rev. Ords. 1987, § 19-414)

A building or structure nonconforming by use or dimension shall not be moved in whole or in part unless such building or structure is made to conform to all of the regulations of the zone in which it is to be located.

(Rev. Ords. 1987, § 19-415)

A structure nonconforming by dimension which is involuntarily destroyed or damaged in any manner or from any cause may be repaired or rebuilt within the limits of the original dimensions and upon the original location of such structure without conforming to the provisions of this chapter, provided that a reasonable attempt has been made to comply with the provisions of this chapter.

(Rev. Ords. 1987, § 19-416)

If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless such owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of such nonconforming use will be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.

(Rev. Ords. 1987, § 19-417)

If a building or structure nonconforming by dimension or a building or structure housing a nonconforming use, is demolished at the direction of the owner or other authorized parties, except as provided elsewhere in this section, the building or structure or nonconforming use shall not be reestablished, and any future building, structure or use of the lot or premises shall conform to the provisions of this chapter.

(Rev. Ords. 1987, § 19-418)

Any nonconforming use or structure nonconforming by dimension illegally established prior to the effective date of the ordinance from which this chapter was derived shall not become legally established by virtue of such enactment or subsequent amendment.

(Rev. Ords. 1987, § 19-419)

Any building permit legally issued prior to the effective date of the ordinance from which this chapter was derived or any subsequent amendment of this chapter shall be activated within six months from the date of issuance.

(Rev. Ords. 1987, § 19-420)

A structure nonconforming by dimension or a building or structure containing a nonconforming use shall be properly maintained in good repair as may be required by any other ordinance or statute, provided that any such work does not enlarge or extend any nonconforming use or otherwise increase any nonconformity.

(Rev. Ords. 1987, § 19-421)

A building, structure or land nonconforming by both use and dimension shall comply with all regulations of this section. Where the regulations conflict, the most restrictive regulations shall apply.

(Rev. Ords. 1987, § 19-422)

Notwithstanding any provision of this chapter, structures, buildings and land may be erected or used by the city, or any agency or department thereof for governmental purposes in any zoning district; and such structures, buildings and land so erected or used shall be exempt from the provisions of this chapter.

(Rev. Ords. 1987, § 19-423)