Except as provided in this division, the nonconforming use of any structure, building, and/or land shall not be expanded or enlarged. The nonconforming use of a building or structure for a sexually oriented land use shall be discontinued on the expiration of a reasonable period for amortization of the building as specified in this section or ten years after the effective date of the ordinance from which this article is derived if not so specified. A reasonable amortization period shall be 40 years for buildings of ordinary wood construction, 50 years for buildings of wood and masonry construction, and 60 years for buildings of fireproof construction. The amortization period shall begin on the date the nonconformity began. Buildings found to be nonconforming only by reason of height, yard or area requirements do not have to be discontinued following the expiration of an amortization period but cannot be enlarged except as provided in this division.

(Ord. No. 04-19, § 1(900.34(1)), 11-15-2004)

No sign erected before the passage of the ordinance from which this article is derived shall be expanded or removed to a new location without being brought into compliance with the requirements of this article.

(Ord. No. 04-19, § 1(900.34(2)), 11-15-2004)

(a)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this article, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of the ordinance from which this article is derived, provided that it fronts on a street. Yard dimensions and other requirements for the lot shall conform to regulations for the district unless a variance is granted.

(b)

If two or more lots or combinations of lots and portions of lots with contiguous street frontage in single ownership are of record on the effective date of the ordinance from which this article is derived, and if all or part of the lots do not meet with width and area requirements of this article for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this article and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements of this article, nor shall the parcel be so divided that any remaining lot does not comply with such requirements.

(Ord. No. 04-19, § 1(900.34(3)), 11-15-2004)

(a)

If a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of 12 months, the use of the building or premises shall thereafter conform to the regulations of the district in which it is located.

(b)

If the use of a nonconforming advertising sign structure is discontinued or its normal operation stopped for a period of 12 months, the structure shall be removed by the owner or lessor at the request of the city council.

(Ord. No. 04-19, § 1(900.34(6)), 11-15-2004)

The lawful use of a building existing on September 4, 1980, may be continued, although such use does not conform with the provisions of this article. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. The provisions of this subsection shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed into a less restricted use.

(Ord. No. 04-19, § 1(900.34(7)), 11-15-2004)

Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units; provided, however, that they do not increase the number of dwelling units in the building.

(Ord. No. 04-19, § 1(900.34(8)), 11-15-2004)

Any nonconformity existing on September 4, 1980 may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

(1)

The nonconformity or occupancy is discontinued for a period of more than one year, or

(2)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Nothing in this article shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building official.

(Ord. No. 04-19, § 1(900.34(9)), 11-15-2004)

Permission to expand a nonconforming use may be requested and granted pursuant to the procedures and standards set forth in subdivision II of division 2 of this article, provided:

(1)

The cost of the expansion is not in excess of 25 percent of the assessed value of the improvements on the property.

(2)

The expansion will not make the property any less compatible with adjacent properties.

(Ord. No. 04-19, § 1(900.34(10)), 11-15-2004)

Nothing contained in this article shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of the ordinance from which this article is derived; provided, however, that the entire building shall be completed according to such plans as filed within 24 months from the date of issuance of the permit.

(Ord. No. 04-19, § 1(900.34(11)), 11-15-2004)

If a conditional use permit or variance has been granted as provided in this article, the structure or use shall not be deemed a nonconformity, but shall without further action be deemed permitted in such district.

(Ord. No. 04-19, § 1(900.34(12)), 11-15-2004)

When a nonconformity in a structure or use of land or a structure is created by an amendment to this article, the rights granted by this division to the continuance of nonconformities apply to such nonconformities existing on the date of the amendment.

(Ord. No. 04-19, § 1(900.34(13)), 11-15-2004)