(a)

Nothing contained in this article shall require any change in the plans, construction, or designed use of a building for which the building footings are in place at the time of the passage of the ordinance from which this chapter is derived.

(b)

Nothing in this article shall require any change in the plans, construction, or designated use of mobile and/or manufactured home spaces or pads in mobile and/or manufactured home courts for which the underground utilities and sewer connections are in place at the time of the passage of the ordinance from which this chapter is derived.

(Prior Code, § 42.900; Ord. No. 2671, § 1(42.900), 5-24-2018)

(a)

General. The lawful use of land of a building existing at the time of the adoption of the ordinance from which this chapter is derived may be continued although such use does not conform with the provisions of this chapter, and such use may be extended throughout such portions of buildings as are arranged or designed for such use, provided no structural alterations are made therein. The nonconforming use of open land shall not be extended to adjacent land. No new mobile and/or manufactured home spaces shall be added adjacent to or within a nonconforming mobile and/or manufactured home court unless the adjacent lands are in a district where mobile and/or manufactured home courts are a permitted use. A nonconforming use may be changed to another nonconforming use of the same or of a more restricted zoning classification. If, by amendment to this chapter, any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in a district are made more restrictive, the provisions of this chapter relating to the nonconforming use of buildings, premises, or open land existing at the time of the passage of the ordinance from which this chapter is derived shall apply to buildings, premises, or open land occupied or used at the time of the passage of such amendment.

(b)

Discontinuance of nonconforming uses of a building. No building or portion thereof used in whole or in part for a nonconforming use, which remains idle or unused for a continuous period of 90 days, whether the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which it is located.

(c)

Discontinuance of nonconforming uses of open land. No open land used in whole or in part for a nonconforming use which remains idle or unused for a period of 60 days shall again be used, except in conformity with the regulations of the district in which it is located.

(d)

Discontinuance of nonconforming uses of mobile and/or manufactured home spaces and mobile and/or manufactured home courts.

(1)

Mobile and/or manufactured home spaces not located in a mobile home court. No mobile and/or manufactured home space which is located outside of a mobile and/or manufactured home court and which has been vacant for a continuous period of 30 days or more shall again be occupied by a mobile and/or manufactured home. The 30-day period commences when city staff become cognizant of the vacancy.

(2)

Nonconforming mobile home courts. A nonconforming mobile and/or manufactured home court shall be considered vacant and unused only when all inhabited mobile and/or manufactured homes have been removed from the mobile and/or manufactured home court. A nonconforming mobile and/or manufactured home court which remains vacant for a continuous period of 30 days or more shall not again be occupied by a mobile and/or manufactured home.

(Prior Code, § 42.910; Ord. No. 2671, § 1(42.910), 5-24-2018)

Repairs and improvements may be made to a nonconforming building or structure, provided that no alterations shall be made, except those required by law or ordinance, unless the building or structure is changed to a conforming or more restricted use. Existing mobile home parks are exempt from this section.

(Prior Code, § 42.920; Ord. No. 2671, § 1(42.920), 5-24-2018)

No building which has been damaged by any cause whatsoever to the extent of more than 75 percent of the fair market value of the building immediately prior to damage shall be restored, except in conformity with the regulations of this chapter, and all rights as a nonconforming use are terminated. If a building is damaged by less than 75 percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

(Prior Code, § 42.930; Ord. No. 2671, § 1(42.930), 5-24-2018)

All mobile and/or manufactured home courts, mobile home parks, or tracts of land containing five or more mobile and/or manufactured homes spaces that are owned or offered for rent, which are currently in use and existing, shall continue as lawful nonconforming, grandfathered uses within their current zoning district. Any such currently existing land uses described herein shall not be in violation of this chapter and shall not be subject to any penalties or charges for violations thereof, including the penalties found in section 48-5. Additionally, any such currently existing land uses described herein shall not be subject to the restrictions in section 48-3; article II, division 9 of this chapter; section 48-40; article II, division 10 of this chapter; article II, division 11 of this chapter; section 48-431; section 48-501(b); or section 48-502(b). Nonconforming uses in effect at the time of passage of the ordinance from which this chapter is derived shall be allowed to continue the nonconforming uses, as specifically outlined in section 48-502(d)(1), as applicable to mobile and/or manufactured home spaces not located in a mobile home court, and section 48-502(d)(2), as applicable to mobile home courts as a whole. Unless abated for a period of 30 consecutive days. The abatement period will commence when city staff become aware of the vacancy. Any use other than the placement of mobile homes or similar structures within an area zoned as a mobile home park shall lose its status as a nonconforming use within 30 days of such use ceasing and becoming known to city officials.

(Ord. No. 2671, § 1(42.940), 5-24-2018)