A.   Any lawful nonconformity may be continued at the size and in a manner of operation existing upon the date that such use became a lawful nonconformity, except as hereinafter specified.

   B.   Any lawful nonconforming use of land not involving a structure, and any lawful nonconforming use involving a structure with an assessor's full and true valuation, upon the effective date hereof, of one thousand dollars ($1,000.00) or less may be continued for a period of thirty six (36) months, and billboards, as defined in this title, regardless of their valuation, may be continued for a period of thirty six (36) months after becoming nonconforming, whereupon such nonconforming use shall cease. (Ord. 1198, 11-9-2009)

When any lawful nonconformity in any district is discontinued for a period of more than twelve (12) months or is changed to a conforming use, any future use of said structure or land shall be in conformity with the provisions of this title. (Ord. 1198, 11-9-2009)

A lawful nonconforming use of a structure or parcel of land may be changed to a similar or more restrictive nonconforming use. Once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use. (Ord. 1198, 11-9-2009)

   A.   Normal maintenance, repair, replacement, improvement, and restoration of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not expand, extend, or intensify the nonconforming use unless otherwise allowed by this code.

   B.   Nothing in this title shall prevent the placing of a structure in safe condition when the building official declares said structure unsafe.

   C.   Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, act of nature or similar occasion, it may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market value as estimated by the building official and approved by the council, in which case, the reconstruction shall be for a use in accordance with the provisions of this title, except that where a structure is damaged more than fifty percent (50%) of its fair market value and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged, the owner may apply for a special permit for approval to reconstruct a nonconforming structure for its use prior to the damage. When the council grants such special use permit, the council may impose such conditions upon the permit as deemed necessary to mitigate any newly created impact on adjacent property or to protect public health, safety or welfare. (Ord. 1198, 11-9-2009)

   A.   A lawfully existing nonconforming structure or structure containing a legally existing nonconforming use may expand its gross floor area by ten percent (10%) if the following criteria are satisfied:

      1.   A complete building permit application shall be submitted to the building inspections division, found satisfactory and issued prior to the commencement of any work on the expansion.

      2.   The structure expansion shall meet all of the bulk standards for the zoning district within which the structure is located. A variance may be applied for if the structure expansion could not meet the respective bulk standards. The variance application and its review by the city shall be regulated according to section 10-3-4 of this title.

      3.   If an expansion is requested under this subsection, the city may impose standards and/or conditions upon the underlying nonconforming use or structure for purposes of health, safety or welfare.

   B.   A lawfully existing nonconforming structure or structure containing a legally existing nonconforming use may conditionally expand its gross floor area by up to thirty percent (30%) if the following criteria are satisfied:

      1.   A complete conditional use permit application shall be applied for and approved by the city council. Chapter 3, article A of this title shall regulate the city review and approval or denial of the conditional use permit.

      2.   A complete building permit application shall be submitted to the building inspections division, found satisfactory and issued prior to the commencement of any work on the expansion.

      3.   The structure expansion shall meet all of the bulk standards for the zoning district within which the structure is located. A variance may be applied for if the structure expansion does not meet the respective bulk standards. The variance application and its review by the city shall be regulated according to section 10-3-4 of this title.

      4.   If an expansion is requested under this subsection, the city may impose standards and/or conditions upon the underlying nonconforming use or structure for purposes of health, safety or welfare.

   C.   Alterations or improvements may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building, except that a garage may be added if none previously existed. (Ord. 1198, 11-9-2009)

Any structure which will, under this title, become nonconforming but for which a building permit has been lawfully granted prior to it becoming nonconforming, may be completed in accordance with the approved plans, provided construction is started within sixty (60) days of the date it became nonconforming and continues to completion within one year. Such structure shall thereafter be a legally existing nonconforming structure. (Ord. 1198, 11-9-2009)

   A.   Residential Districts: A lawful nonconforming lot of record in an R residential district which does not meet the requirements of this title as to area or width and does not have a structure thereon may be utilized for a detached single-family dwelling, provided the measurements of such area and width are within seventy percent (70%) of the requirements of this title, but said lot of record shall not be utilized for any purpose other than a detached single-family dwelling unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this title. However, said lot of record shall be utilized as herein stated only where connection to the city utility system is possible.

   B.   Agricultural And Estate Districts: A lawful nonconforming lot of record in an A or an E zoning district which does not meet the requirements of this title as to area or width and does not have a structure thereon may be utilized for a detached single-family dwelling or agricultural structure as permitted or conditionally permitted in the residential land use chart found in section 10-6-1 of this title, provided the measurements of such area and width are within seventy percent (70%) of the requirements of this title, but said lot of record shall not be utilized for any purpose other than a detached single-family dwelling or agricultural structure unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this title. However, if said use requires connection to a satisfactory individual septic treatment system, said lot of record shall be utilized as herein stated only where connection to an approved individual septic treatment system, as regulated in title 8, chapter 5 of this code, is possible. (Ord. 1198, 11-9-2009)

Pursuant to section 10-3-3 of this title, upon application by a property owner or upon application initiated or required by the city, the city council, sitting as a board of adjustments and appeals, by majority vote, may determine that the nonconforming use of a lot or structure is lawful and issue a nonconforming use certificate to the owner. The board of adjustments and appeals may include in the nonconforming use certificate reasonable conditions governing the continued use of the lot or structure and may authorize accessory uses not currently on the property to be placed thereon in the future. A nonconforming use certificate shall not allow a principal use that did not legally exist on the property prior to the property becoming nonconforming. (Ord. 1198, 11-9-2009)