Any lawful use of the land or buildings existing at the date of passage of this chapter or amendment thereto and located in a district in which it would not be permitted as a new use under the regulations of this chapter is hereby declared to be a nonconforming use and any building which does not meet the provisions of this chapter, as to setbacks, height, off-street parking, or other requirement is hereby declared to be a nonconforming building, and such uses and buildings shall not be considered in violation of this chapter; provided, however, that all nonconforming uses and buildings shall be subject to, and the owner shall comply with, the regulations of this article. Provided, further, that existing single-family residential uses may continue in all districts with building requirements compatible with R-1B zoning.

(Code 1980, § 5.71; Ord. No. 445, § III, 5-17-21)

(a)

Should the city become aware of a nonconforming use, the owner of the nonconforming use shall be notified by the building inspector of the provisions of this section, and that his property constitutes a nonconforming use. Within 30 days after receipt of the notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application of such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy. If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this chapter. The building inspector and the city attorney shall take appropriate action to enjoin such violation.

(b)

If the building inspector shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or the zoning ordinance in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this chapter.

(c)

The certificate of occupancy issued by the building inspector for a nonconforming use shall state that the use may be continued indefinitely, or for those uses listed in section 90-128, that the use must be discontinued.

(Code 1980, § 5.72)

The nonconforming use of land, where no building or structure is involved, which exists when this chapter becomes effective or amendments thereto, may be continued provided that:

(1)

No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

(2)

No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use.

(3)

If such nonconforming use of land or any portion thereof is discontinued or changed for a period of more than 30 days, any future use of such land shall be in conformity with the provisions of this chapter.

(4)

Any sign, billboard, commercial advertising structure or similar object which lawfully existed and was maintained at the time this chapter became effective may be continued although such use does not conform with the provisions of this chapter; provided, that all such nonconforming signs, billboards, commercial outdoor advertising structures and objects, and their supporting members located in R-1A, R-1B, R-2 and R-T districts shall be completely removed from the premises within five years of the passage of this chapter or amendments applicable to the property in question.

(Code 1980, § 5.73)

A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided no structural changes are made in the building and provided that the board of zoning appeals shall determine that the proposed new use is equally appropriate or more appropriate to the particular neighborhood than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use. For the purpose of this chapter, the E-R district shall be considered the most restrictive district, followed in turn by the R-1A, R-1B, R-T, RO-1, C-1, and C-2 districts.

(Code 1980, § 5.74; Ord. No. 358, § III, 12-12-05)

A nonconforming use may not be expanded or extended throughout other portions of a building. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of the building or portion thereof shall be in conformity to the regulations of the district in which the building is located.

(Code 1980, § 5.75)

No building in which a nonconforming use exists may be moved to any other part of a parcel of land upon which same was located at the time of the adoption of this chapter. No nonconforming building shall be moved for any reason unless it shall then conform to the regulations for the zoning district in which it is located after the moving.

(Code 1980, § 5.76)

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 except to make it comply with the requirements of health and safety laws or ordinances, provided that the cost of such work shall not exceed 50 percent of the state equalized valuation of such structure at the time such work is done. All alterations made to a nonconforming structure shall be in compliance with all requirements of this chapter and other codes and ordinances of the city.

(2)

Notwithstanding the requirements in subsection (1), an alteration or enlargement would not be considered nonconforming solely by following an existing side yard setback of the existing structure, if it does not extend further than 50 percent of the depth of the existing structure into the required rear yard of the lot, but not to exceed 35 feet.

(Code 1980, § 5.77; Ord. No. 302, § 1, 6-16-97)

Any nonconforming use or nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by public enemy to the extent of 50 percent or more of its state equalized valuation, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with the provisions of this chapter. Where such destruction or damage has occurred, removal of the nonconforming use of a building also shall eliminate the nonconforming use status of the land on which the building is located. If such damage is less than 50 percent of its state equalized valuation before the damage occurred, exclusive of the foundation, such structure may be restored to the same nonconforming use or nonconforming building as existed before such damage, provided that such restoration shall be subject to the approval of the board of zoning appeals. The restoration shall be commenced within one year of the date of the partial destruction and shall be diligently carried on to completion.

(Code 1980, § 5.78)

Any nonconforming use of a building which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months shall thereafter conform to the provisions of this chapter. See also section 90-128 for nonconforming use of land.

(Code 1980, § 5.79)

The building inspector shall prepare a record of all known nonconforming uses of buildings and of land, including tents and mobile homes, existing at the time of the adoption of the ordinance from which this chapter is derived or amendment thereto. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such list shall be available at all times in the office of the building inspector.

(Code 1980, § 5.80)

The city council may acquire by purchase, condemnation or otherwise private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this chapter; and cause the removal of such use or structure. The city council may, in its discretion, provide that the cost and expenses of such acquisitions and of the removal of the nonconformity, less the probable resale price, be assessed to a benefit district. In assessing such costs and expenses, the city council shall also establish the assessment district, the properties to be assessed and a basis or formula for the distribution of the amount to be assessed against the benefitted properties.

(Code 1980, § 5.81)