1. Any use of property at the date of adoption of this Zoning Code that does not conform to the regulations prescribed in this chapter shall be a nonconforming use.
2. Any legal duplex or apartment building existing at the date of adoption of this Zoning Code shall thereafter be deemed a conforming use.

(Ord. 1104, passed 10-13-77)

The general public, the Commission and the Council are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible except when necessary to preserve property rights established prior to the date these regulations become effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Commission and the Board to assist the Council in achieving this goal by advising the Council of their recommendations thereon.

(Ord. 1104, passed 10-13-77) Penalty, see GMC 15.11.700

1. The lawful use of a building existing at the time of the passage of this chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, every future use of this premises shall be in conformity with the provisions of this chapter.
2. The lawful use of land existing at the time of the passage of this chapter, although such use does not conform to the provisions hereof, may be continuing, but if such nonconforming use is discontinued, any future use of such premises shall be in conformity with the provisions of this chapter.

(Ord. 1104, passed 10-13-77)

Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established for structures in the district in which the nonconforming structure is located.

(Ord. 1104, passed 10-13-77) Penalty, see GMC 15.11.700

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In case of partial destruction by fire or other causes, not exceeding 50% of its value, the Building Inspector shall issue a permit for reconstruction. If greater than 50% and less than total, the Board of Adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

(Ord. 1104, passed 10-13-77) Penalty, see GMC 15.11.700

A violation of this chapter and a request for a nonconforming designation or request for relief under this designation shall not create an estoppel of the trial of any lawsuit which may be filed in any court.

(Ord. 1104, passed 10-13-77)

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease, and the use of the premise shall henceforth be in conformance to this chapter. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six months shall be considered to have been abandoned.

(Ord. 1104, passed 10-13-77)

1. Authorization of permits. The City Council, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission, may authorize the issuance of specific use permit.
2. Application for permits; requirements. The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a specific use permit may require from the applicant plans, information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance with this chapter, establish conditions of operation, location, arrangement, and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as specific use permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions.
3. Validity of permit. The specific use permit shall be valid as long as the purpose or the circumstances under which it was issued has not varied or changed. If said purpose or circumstances varies or changes, then that specific use permit shall become invalid, at which time the property can only be used as prescribed by its zoning district regulations.
4. Revocation of permit. The City Council after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may revoke specific use permits previously issued for noncompliance with the regulations under which the permits were issued.
5. Conditions of specific use permits. The City Council upon approval of said request shall issue a specific use permit which shall outline the conditions of operation, location, arrangement and construction, with said document being signed by the city and the applicant agreeing to such regulations.

(‘60 Code, Art. 4, Ch. 4) (Ord. 1104, passed 10-13-77; Am. Ord. 1114, passed 12-14-78)

Editor’s Note: The Schedule of Special Uses, which was omitted from the 1960 Code and subsequently amended by Ordinance 92-05, is on file in the office of the City Clerk and available for public inspection.