Any property which does not comply with all applicable provisions of these zoning regulations shall be deemed to be nonconforming. Any property that is nonconforming shall be required to comply with all such provisions, unless such property is legally nonconforming. Property is legally nonconforming if it has previously conformed to all applicable zoning regulations. Legally nonconforming properties may be continued or modified, subject to the remaining parts of this chapter.

(Ord. No. 4114, pt. IX, § 1)

(a)

Nonconforming lots. A structure may be erected, enlarged altered or improved on a lot that is legally nonconforming, because of lot area, width, depth, or any combination thereof, provided that construction shall comply with all of the regulations (except lot area, width and depth) applicable to the zoning district in which the lot in question is located.

(b)

Nonconforming structures. Any legal nonconforming structure that is not also a nonconforming use may be enlarged, altered or improved, provided that construction shall comply with all of the regulations (except those regulations that have caused the structure to become nonconforming) applicable to the zoning district in which the lot in question is located, and provided further that the enlargement, alteration or improvement does not increase the nonconformity.

(Ord. No. 4114, pt. IX, §§ 2, 4)

Any legally nonconforming use of part or all of a structure or any legally nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the following:

(1)

Expansion. A legally nonconforming use shall not be expanded, enlarged or increased in intensity beyond that which existed at the time it became legally nonconforming.

(2)

Change in use. A legally nonconforming use shall not be changed or modified in any manner from what existed at the time it became legally nonconforming, without complying with all applicable regulations.

(3)

Abandonment. No legally nonconforming use shall be reestablished or resumed after it has been voluntarily abandoned for a period of six consecutive months. Such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(4)

Modification. Any legal nonconforming use shall be deemed to be a conditional use of the zoning district in which it is located. The city council is hereby authorized to grant such conditional use pursuant to this title.

(Ord. No. 4114, pt. IX, §§ 3, 5)

(a)

In the event that any nonconforming use or structure is damaged or destroyed, by any means, to the extent of 50 percent or more of its total market value, such improvement shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located.

(b)

When any improvement is damaged to a total extent of 50 percent or less, it may be repaired or restored, if a building permit is obtained and repair or restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion; otherwise, any such repairs or restoration must comply with the regulations of the zoning district in which it is located.

(Ord. No. 4114, pt. IX, § 6)