The lawful use of land or condition of structures existing on the date of adoption or amendment of this chapter may be continued as a "legal nonconforming use or structure," although such use or condition does not conform to the regulations specified by this chapter for the district in which such building or land is located, subject to the conditions and specifications of this article. This article shall not be deemed to allow uses or conditions of structures which are prohibited, or otherwise addressed, by other chapters of this Code.

(Code 1985, § 10-19-1(A); Ord. No. 04-06, § 2, 6-1-2004)

Any legal nonconforming use of land that is discontinued, abandoned, or vacated for a period of one year shall thereafter conform to the provisions of this chapter. A legal nonconforming structure that has been abandoned, vacated, or unused for a period of one year shall thereafter conform to the provisions of this chapter.

(Code 1985, § 10-19-1(B); Ord. No. 04-06, § 2, 6-1-2004)

Except as provided in section 70-85, any legal nonconforming structure which has been destroyed or damaged by fire, explosion, act of God, by public enemy, or otherwise, to the extent of 60 percent or more of its actual value, shall thereafter conform to the provisions of this chapter. Where more than 40 percent of the actual value of the structure remains after such damage, the structure may be restored to the same nonconforming condition as it existed before such damage, provided that such restoration is completed within 12 months.

(Code 1985, § 10-19-1(C); Ord. No. 04-06, § 2, 6-1-2004)

Except as provided in section 70-85, legal, nonconforming structures shall not be enlarged or structurally altered except to decrease the degree of nonconformity, or to effect repairs or alterations that the building official determines are necessary to rectify a hazardous health or safety situation. A legal, nonconforming use may be extended throughout the building, provided that there are no structural alterations except those required by ordinance or applicable law, and provided that approval is granted by the city council.

(Code 1985, § 10-19-1(D); Ord. No. 04-06, § 2, 6-1-2004)

(a)

Except in the R-4 zone district, there shall be no right to replace a mobile home/manufactured home with another mobile home/manufactured home in a mobile home park.

(b)

In the R-4 zone district, there shall be no right to replace an existing mobile home/manufactured home in a mobile home park if the replacement mobile homes/manufactured home causes a violation of, of continues a violation of, any provision of article VIII, division 5.

(Code 1985, § 10-19-1(E); Ord. No. 04-06, § 2, 6-1-2004)

A legal nonconforming use may be changed to another nonconforming use only if the planning and zoning commission, after a public hearing, finds that:

(1)

The change is to a use that would have been permitted by right or as a conditional use in the zoning district at such time as the existing legal, nonconforming use became nonconforming; and

(2)

The proposed new use does not cause an "increased impact" as defined below. An increased impact occurs when any of the following conditions exist:

a.

The available parking is inadequate for the new use;

b.

The new use is an expansion in size, impact or effect upon the surrounding neighborhood including, without limitation, hours of operation, parking needs, vehicle trips generated, number of employees, objectionable conditions, glare, visual pollution, noise pollution, air emissions, vehicular traffic, storage of equipment materials and refuse and on-street parking; or

c.

The new use adds additional dwelling units.

(Code 1985, § 10-19-1(F); Ord. No. 04-06, § 2, 6-1-2004)

Except as prohibited by section 70-83, legal, nonconforming dwellings, used as such, that have been destroyed or damaged by fire, explosion, act of God, by public enemy or otherwise, may be reconstructed without regard to the percentage of destruction of the actual value as provided in section 70-81. Legal, nonconforming single-family dwellings, used as such, may be modified or altered for continued single-family use, provided that such modification or alteration does not increase the degree of nonconformity as measured by section 70-214.

(Code 1985, § 10-19-1(G); Ord. No. 04-06, § 2, 6-1-2004)