Within the districts established by this ordinance, or amendments which may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted by the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged. To avoid undue hardship, nothing in this zoning code shall be deemed to require a change in plan, construction, or designated use of any building for which a development order has been issued for a development prior to the effective date of adoption of this zoning code or amendments hereto.

(Ord. No. 2011-4, § 3, 10-25-11)

In any district in which dwelling units are permitted, notwithstanding limitations imposed by other provisions of this ordinance, dwelling units and customary accessory buildings may be erected on any lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, which are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, or yard requirements shall be obtained only through action of the zoning board of appeals. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance and no portion of said, parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, unless the portion which is in excess of the lot width requirements is sold in order to create a lot meeting the requirements of the ordinance or as an addition to the zoning parcel.

(Ord. No. 2011-4, § 3, 10-25-11)

Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, not extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance, unless such use is changed to a use permitted by this ordinance in the district in which use is located.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

(3)

If any such nonconforming use of land ceases for any reason at no fault of the owner of the land for a period of more than sixty (60) consecutive days, subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located. For purposes herein the term "no fault" means any act of God which causes the use of the land to cease for the period described herein.

(4)

No additional structure which does not conform to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(Ord. No. 2011-4, § 3, 10-25-11)

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance 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.

(2)

Any structure or portion thereof may be altered to decrease its nonconformity.

(3)

Should such structure be destroyed by any means to any extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(4)

Should such structure be moved for any reason and distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(4)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this ordinance is defined as damage to an extent of more than fifty (50) per cent of the replacement cost at time of destruction.

Any nonconformity not involving the use of a principal structure, including, but not limited to, open storage, building supplies, vehicle, mobile home, implement and machinery storage, junkyards, and commercial animal yards, shall be discontinued within two (2) years of the effective date of this ordinance or amendment.

(Ord. No. 2011-4, § 3, 10-25-11)

A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:

(1)

When the intent of the owner to discontinue the use is apparent;

(2)

When the characteristics equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months, unless other facts show intention to resume the nonconforming use;

(3)

When it has been replaced by a conforming use; or

(4)

Where the use is discontinued or abandoned six (6) months, or for eighteen (18) months during any three-year period.

However, notwithstanding the above, if a current business tax certificate/receipt is on file with the city for the specific location there shall be a rebuttable presumption that the use has not been abandoned.

(Ord. No. 2011-4, § 3, 10-25-11)

On any building devoted in whole or in part to any nonconforming use, ordinary repairs, or repair or replacement of nonload-bearing walls, fixtures, wiring or plumbing, may be done provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

For purposes of this article, a special exception and a conditional land use as defined in the ordinance shall not be deemed to be a nonconforming use.

The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. A nonconforming use shall not be validated by the adoption of this ordinance unless it complies with the definitions of this ordinance and the terms and conditions of this article.