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 to 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 1992, § 24-221; Ord. No. 304, § 701, 6-2-2003)

1. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though a lot fails to meet the applicable requirements for area or width, provided that setbacks and other requirements, not involving area or width, shall conform to the regulations for the zone in which such lot is located.
2. 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 this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, they shall be subject to the following regulations. The lands involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of such 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 1992, § 24-222; Ord. No. 304, § 702, 6-2-2003)

Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming use shall be extended to occupy a greater number of parcels than was occupied at the effective date of adoption or amendment of this chapter, unless approved by the zoning board of appeals.
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter, unless approved by the zoning board of appeals.
3. If such nonconforming use of land ceases operation with the intent of abandonment for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by the chapter for the district in which such land is located.

(Code 1992, § 24-223; Ord. No. 304, § 703, 6-2-2003)

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such structure may be enlarged or altered in a way which increases its nonconformity, unless approved by the zoning administrator through the submission of a site plan, and providing the following remain true:
   1. The existing character of the area is maintained.
   2. Additional parking spaces are not required to comply with the standards of this chapter.
   3. The size is comparable to adjacent uses.
   4. The construction materials and resulting style are compatible with the existing building.
   5. The expansion will not have a detrimental effect on neighboring properties.
2. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Code 1992, § 24-224; Ord. No. 304, § 704, 6-2-2003)

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 such structure.

(Code 1992, § 24-225; Ord. No. 304, § 705, 6-2-2003)

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 lot, use or structure.

(Code 1992, § 24-226; Ord. No. 706, § 706, 6-2-2003)

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

(Code 1992, § 24-227; Ord. No. 304, § 707, 6-2-2003)

The 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 1992, § 24-228; Ord. No. 304, § 708, 6-2-2003)

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

(Code 1992, § 24-229; Ord. No. 304, § 709, 6-2-2003)

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 1992, § 24-230; Ord. No. 304, § 710, 6-2-2003)

The city council 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 1992, § 24-231; Ord. No. 304, § 711, 6-2-2003)