It is the purpose of this chapter to provide regulations governing lots, buildings, structures and the uses thereof, which were legal before this Zoning Code was adopted or amended, including legal nonconforming lots, uses, buildings and structures, that would be prohibited, regulated or restricted under the provisions of this Zoning Code. It is the intent of this chapter to permit these buildings and structures, herein referred to as nonconformities, to remain until the nonconformity is discontinued or removed.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   (a)   Where, on the date of adoption or amendment of this Zoning Code, a lawful principal use of a parcel or lot exists but is no longer permissible under the provisions of this Zoning Code, such principal use may be continued so long as it remains otherwise lawful, subject to the provisions of this chapter.

   (b)   Nonconforming uses shall not be changed to another nonconforming use, except after approval of the Board of Appeals. Before granting such approval, the Board of Appeals shall determine that such change in use will be more conforming to the intent of the zone district in which it is located than the existing nonconforming use.

   (c)   A nonconforming use which has been changed to a use as per subsection (b) hereof or to a use permitted in its zoning district shall not be re-established.

   (d)   A nonconforming use which has been discontinued for more than twelve consecutive months shall not be re-established. Discontinuance may be defined as the vacating of land or buildings or the non-operative status of the uses which were normally carried on upon the property.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   Nonconforming buildings and structures may be altered or expanded in size provided that such alteration or expansion shall not increase the extent of the nonconformity and shall satisfy all site development regulations which are applicable.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   Buildings or structures which are damaged or destroyed by any means, regardless of the extent of damage or destruction, may be repaired, maintained, or reconstructed up to the same size and use as prior to the damage or destruction provided that such are reconstructed or repaired in such a manner which shall not increase the extent of the nonconformity which existed prior to the damage or destruction and that such repair, maintenance, or reconstruction shall have commenced no later than one year from the date of damage or destruction and completed within one year. A one year extension may be granted by the Planning Commission providing such request is filed with the City Clerk prior to the expiration of the first year. Obtainment of the required zoning and building permits along with the physical start of repair, maintenance, or reconstruction and diligently pursued shall be evidence of the commencement of repairs, maintenance, or reconstruction. The right to rebuild under this section applies only to the property owner and not the property.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   The provisions of this chapter shall not affect any structure, the construction of which was commenced or contracted for as of the effective date of this Zoning Code.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   The foregoing provisions of this chapter shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of districts under this Zoning Code or any subsequent change in the regulations of this Zoning Code.

(Ord. 144. Passed 10-12-82; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

   A lot existing on the effective date of this Zoning Code which does not have sufficient land to conform to the requirements of this Zoning Code relating to minimum lot area or width, or both, shall be nonconforming. Such lot may be used as a building site, provided that the other provisions and requirements of this Zoning Code are complied with, except that the side yard setback for a lot which is nonconforming due to lot width shall be ten percent of the lot width but in no case shall the side yard setback be less than five feet.

(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)