(a)

It is the intent of this article to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.

(b)

It is recognized that there exist, within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before May 1, 1995, which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

(c)

Such uses are declared by this article to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, or 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 after May 1, 1995.

(d)

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which construction was lawfully begun prior to May 31, 1995, and upon which actual construction has been diligently carried on. For purposes of this subsection, actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(Ord. of 5-1-95, § 8-20-1)

Where, at May 31, 1995, lawful use of land exists that is no longer permissible under the terms of this chapter 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, or extended to occupy a greater area of land than was occupied at May 31, 1995.

(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 May 31, 1995.

(3)

Nonconforming uses shall not be changed to another nonconforming use, except after approval of the zoning board of appeals. Before granting such approval, the zoning board of appeals shall determine that such change in use will have a less detrimental effect on neighboring properties than the existing nonconforming use.

(4)

If such nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. The time limit of discontinuance may be extended beyond the 90 days, for a period of time not to exceed one year, upon proper application to the zoning board of appeals within the 90-day period and upon presentation of evidence that an unnecessary hardship or practical difficulty would exist should the 90-day limitation be strictly enforced. At the end of this period of abandonment, the nonconforming use shall not be reestablished and any future use shall be in conformity with the provisions of this chapter.

(5)

No nonconforming use shall be extended to displace a permitted conforming use.

(Ord. of 5-1-95, § 8-20-2)

Where a lawful structure exists at May 31, 1995, that could not be built under the terms of this chapter by reason of restriction 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)

Nonconforming structures shall not be altered or expanded without the prior approval of the zoning board of appeals, except that the following structural alterations may be permitted:

a.

Structural alterations or extensions adding to the bulk of a residential structure which is nonconforming only by reason of lot size or lot width shall be permitted without prior approval of the zoning board of appeals; provided that such structure, alteration or extension shall not increase the extent of nonconformity and shall satisfy all other site development regulations which are applicable.

b.

Structural alterations which do not add to the bulk of the structure or increase the intensity of use of the structure shall not require prior approval of the zoning board of appeals.

(2)

Nonconforming buildings and structures shall not be structurally altered so as to prolong the life of the building or structure, unless the zoning board of appeals shall give its approval for the alteration of nonconforming buildings or structures. Only when it is determined that the proposed building or structure alteration or extension complies as nearly as is practical with the requirements of this chapter, and that the granting of the approval for the construction of the proposed structural alteration or extension will not have a detrimental effect on neighboring property, shall approval for the alteration by the zoning board of appeals be granted.

(3)

Nonconforming structures shall not be reestablished in their nonconforming condition in any zoning district after damage or destruction of the nonconforming structure if the estimated expense of reconstruction exceeds 50 percent of the appraised replacement cost of the entire building or structure exclusive of foundation. In cases where such cost does exceed 50 percent, the nonconforming structure shall not be replaced unless it shall comply with the provisions of this chapter.

(4)

The estimated expense of reconstruction shall be determined by the city assessor. Persons aggrieved by the determination of estimated replacement cost by the city assessor may appeal such determination to the zoning board of appeals.

(Ord. of 5-1-95, § 8-20-3)

If a lawful use of a structure, or of structure and land in combination, exists at May 31, 1995, such 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 chapter 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, and which existed at May 1, 1995, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the zoning board of appeals, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.

(4)

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

(5)

Where a nonconforming use of a structure, or structure and premises in combination, is discontinued for 90 consecutive days, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. The time limit of discontinuance may be extended beyond the 90 days, for a period of time not to exceed one year, upon proper application to the zoning board of appeals within the 90-day period and upon presentation of evidence that an unnecessary hardship or practical difficulty would exist should the 90-day limitation be strictly enforced. At the end of this period of abandonment, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(Ord. of 5-1-95, § 8-20-4)

Work may be done on any building devoted in whole or in part to any nonconforming uses in any period of 12 consecutive months on ordinary repairs, or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, provided that the cubic content of the building as it existed at May 1, 1995, shall not be increased. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any buildings or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. of 5-1-95, § 8-20-5)

Nothing in this article shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to May 31, 1995, provided that construction is commenced within 90 days after the date of issuance of the permit, that construction is carried on diligently and without interruption for a continuous period in excess of 30 days, and that the entire building shall have been completed according to the plans filed with the permit application within two years after the issuance of the building permit.

(Ord. of 5-1-95, § 8-20-6)

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.

(Ord. of 5-1-95, § 8-20-7)