The lawful use of any land or structure, exactly as such existed at the time of the enactment of the ordinance from which this chapter was derived, may be continued although such use or structure does not conform with the provisions of the ordinance from which this chapter was derived. Structures, or uses nonconforming by reason of height or area, or parking or off-street loading provisions only, may be extended, enlarged, altered, remodeled or modernized in accordance with the provisions of this article.

(Code 1970, § 3.50; Ord. No. 326, § II, 1-24-00)

Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect immediately prior to the date of the ordinance from which this chapter was derived.

(Code 1970, § 3.51)

The use of a nonconforming building or structure may be changed to another use permitted in the most restricted district in which such nonconforming use is permitted. Where the use of a nonconforming building or structure is changed to a use permitted in a more restricted district, it shall not thereafter be changed to a use not permitted in the more restricted district. The proposed use shall be subject to all the requirements applying to such proposed use in the most restricted zone in which the nonconforming use to be changed is permitted.

(Code 1970, § 3.52)

1. Such repairs and maintenance work as are required to keep a nonconforming building or structure in a sound condition may be made.
2. Nonconforming building or structure. If a nonconforming building or structure is damaged by fire, wind, act of God or other calamity to the extent that the cost for repair or replacement of the nonconforming building or structure is 60 percent or more of the fair market value of the building or structure prior to such damage or destruction, the building or structure may be rebuilt or restored and used only in accordance with the requirements of this zoning code. The owner shall provide sufficient documentation to the zoning administrator to demonstrate the fair market value of the building or structure as well as the cost for repair and replacement. If the damage is less than 60 percent of the fair market value, the building may be rebuilt or restored to its size and footprint existing prior to such damage and the use resumed.
3. Nonconforming use located in a conforming building. Except as noted in section 90-170 below, a nonconforming use located in a conforming building or structure shall not be re-established if the building or structure is damaged by fire, wind, act of God or other calamity to the extent that the cost for repair or replacement of the building or structure is 60 percent or more of the fair market value of the building or structure prior to such damage or destruction. The owner shall provide sufficient documentation to the zoning administrator to demonstrate the fair market value of the building or structure as well as the cost for repair and replacement. If the damage is less than 60 percent of the fair market value, the building may be rebuilt or restored to its size and footprint existing prior to such damage and the use resumed.
4. Any such restoration must be started within a period of one year at the time of such damage and diligently prosecuted to completion. The board may extend such period of time for restoration of any building or structure when a state or local emergency shall render it impossible to make the restoration of such building or structure within the stated time limit.

(Code 1970, § 3.53; Ord. No. 530, § I, 9-28-15)

1. The foregoing provisions of this article shall also apply to buildings, structures, land or uses which become nonconforming due to any reclassification of districts under this chapter or any subsequent change in the regulations of this chapter except as noted below.
2. Single-family dwellings in the B-4 and B-5 zones which became nonconforming uses due to a rezoning classification are subject to the following provisions:
   1. If the building containing the single-family use is a conforming structure and is damaged by fire, wind, act of God or other calamity regardless of the extent of the damage, the building may be restored to the size and footprint which existed prior to such damage and the single-family use resumed.

(Code 1970, § 3.54; Ord. No. 530, § II, 9-28-15)

1. In all the RR, RS, R1 and R2 zoning districts, single- and two-family dwellings which are nonconforming by reason of setback, height, parking, building square footage or other dimensional requirements may be altered or enlarged beyond the size which existed at the time of the adoption of this chapter (January 24, 2000) provided:
   1. The alteration or enlargement complies with all setback, height, parking, and other applicable regulations of the zoning district in which it is located and does not increase the extent of the nonconformity. The extension of a nonconforming building in such a manner that the extension itself does not conform to the setback, height or other applicable standards of this chapter shall be deemed an increase in the extent of the nonconformity of the original building and is not permitted.
   2. The gross square footage of the alteration or enlargement does not exceed 50 percent of the gross square footage of the building which existed prior to the adoption of this section.
2. All other nonconforming principal buildings and uses may be enlarged beyond the size which existed at the time of the adoption of this chapter provided that the zoning board of appeals finds:
   1. That the gross square footage of the enlargement of the building does not exceed 50 percent of the gross square footage of the building which existed prior to the adoption of this chapter.
   2. That the expansion or enlargement complies with all setback, parking, height and other applicable regulations of the zoning district in which it is located.
   3. Such enlargement shall be on land owned by the nonconforming use at the time of adoption of this section from which this chapter is derived.
   4. That such enlargement will not further reduce the value, livability or function of an existing or potential conforming use of adjoining property.
   5. A request submitted to the board of appeals under this section shall be processed according to the procedures contained in section 90-89 of this chapter.
3. Nonconforming uses which are not located within a building including but not limited to open air businesses, contractor equipment yards and salvage yards, shall not be increased in size so that the use occupies more land area than the area occupied by the use prior to the adoption of this chapter.

(Code 1970, § 3.55; Ord. No. 326, § I, 1-24-00)

No building, structure or premises where a nonconforming use has ceased for more than 12 months or has been changed to a use permitted in the district in which it is located shall be devoted to a nonconforming use.

(Code 1970, § 3.56)

Notwithstanding the provisions of section 90-917, such nonconforming uses as signs, billboards, and primarily open land uses such as junkyards or similar uses shall be discontinued three years from the date of passage of the ordinance from which this chapter was derived. All such uses, both conforming and nonconforming, shall be issued a permit without fee, the permit to expire on the above date. At the expiration of such time, new five-year permits will be issued for a fee as set by resolution of the council to all such uses that conform to the ordinance from which this chapter was derived. All uses without permits shall be removed within six months.

(Code 1970, § 3.57)

If plans and specifications for a building or structure have been filed that would conform with the zoning regulations effective at the date of such filing but not with the regulations of this chapter, and if a building permit for such building or structure has been issued and construction work started at the effective date of the ordinance from which this chapter is derived, such work may proceed provided it is completed within one year of that date.

(Code 1970, § 3.58)

1. Any residential lot laid out on an approved plat or existing at the time of the adoption of the ordinance from which this chapter was derived that fails to comply with the minimum requirements of this chapter may be used for a single-family dwelling, provided the lot is in single ownership as defined in this chapter and further provided that 88 percent of all yard requirements are complied with. Any existing platted lot in common ownership which contains 88 percent or more of the required area and width may also be utilized as a separate lot.
2. The use of more than one lot in common ownership where the same do not comply with 88 percent of the minimum requirements of this chapter shall be determined by the board on the basis of neighborhood character. For the purpose of this section, the board shall use the following standards to determine neighborhood character:
   1. Two lots. If each of the two adjacent lots in question has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60 percent of the total number of developed lots within 400 feet on both sides of the same street, each lot in question shall be construed to be in character with the neighborhood. If not, the two lots shall be considered a single lot.
   2. Three lots. If each of the three lots in common ownership has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60 percent of the total number of developed lots within 400 feet on both sides of the same street, each lot shall be construed to be in character with the neighborhood. If not, the three lots shall be considered one or two lots meeting the zone district requirements.
   3. Four or more lots. If each of the four or more lots in common ownership are less than the minimum requirements, they shall be resubdivided into one, two or three lots meeting the zone district requirements.

(Code 1970, § 3.39)