(A)   Any lawfully established use of a building or land, at the effective date of this chapter, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

   (B)   Any legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   (C)   Any building for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments hereto, may be completed per the approved plans; provided construction is started within six months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

('71 Code, § 11-16-1) (Ord. 1413, passed 9-13-60)

   (A)   Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

   (B)   Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of six consecutive months, or for a continuous period of 12 months if the building was originally designed and constructed for a nonresidential use, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

   (C)   Where no enclosed building is involved discontinuance of a nonconforming use for a period of six months shall constitute abandonment.

   (D)   Exception. whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of six consecutive months, or for a continuous period of 12 months if the building was original designed and constructed or modified for a nonresidential use, the owner may appeal to the City Council for a continuance of the nonconforming use. The City Council may grant a continuance of the same or more restricted zoning use,but may not grant a less restricted use.

('71 Code, § 11-16-2) (Ord. 1413, passed 9-13-60; Am. Ord. 3849, passed 10-11-16; Am. Ord. 4230 , passed 2-10-25) Penalty, see § 155.999

   (A)   A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use.

   (B)   Any part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this chapter shall not thereafter be used or occupied by a nonconforming use.

('71 Code, § 11-16-3) (Ord. 1413, passed 9-13-60) Penalty, see § 155.999

   The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited to the following periods from the effective date of this chapter or of any amendments hereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period signified, or shall be made to conform to the regulations of this chapter.

   (A)   Any nonconforming building or structure having an assessed valuation not in excess of $1,000 on the effective date of this chapter: Two years.

   (B)   All nonconforming signs, billboards, and outdoor advertising structures: Ten years, except any presently existing posting or sign service which shall continue to conduct their business as it now is without expansion except as in conformity with the requirement of this chapter.

   (C)   Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building: Two years.

   (D)   A nonconforming house trailer or mobile home, in existence on or before September 28, 1970, and located within the limits of the city or within the zoning jurisdiction of the city on any tract of land owned by any person, may continue or remain so long as it is inhabited and not remaining uninhabited for a period exceeding 60 days, and so long as it is maintained per the existing Basic Housing and Property Maintenance Code and other ordinances of the city. No nonconforming house trailer or mobile home shall be replaced by another house trailer or mobile home and no other house trailer or mobile home shall be placed on the same lot or tract of land with the existing nonconforming house trailer or mobile home.

('71 Code, § 11-16-4) (Ord. 1413, passed 9-13-60; Am. Ord. 2116, passed 3-10-80) Penalty, see § 155.999

   (A)   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   (B)   No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      (1)   When the alteration is required by law.

      (2)   When the alteration will actually result in eliminating the nonconforming use.

      (3)   When a building containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

('71 Code, § 11-16-5) (Ord. 1413, passed 9-13-60) Penalty, see § 155.999

   (A)   If a building or structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its replacement value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district. In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

   (B)   In either event, restoration or repair of the building or other structure must be started within a period of one year and diligently prosecuted to completion.

('71 Code, § 11-16-6) (Ord. 1413, passed 9-13-60)

   (A)   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

   (B)   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

   (C)   No nonconforming building in any Residential District shall be so altered as to increase the number of dwelling units therein.

   (D)   No nonconforming use may be enlarged or extended in such a way as to occupy any required useable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this chapter, or to displace any conforming use in the same building or on the same parcel.

('71 Code, § 11-16-7) (Ord. 1413, passed 9-13-60) Penalty, see § 155.999

   Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of this chapter, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of §§ 155.088 and 155.089.

   (A)   In any R district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

   (B)   In any R-5 District, where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot.

   (C)   In any B or M district where the use is less distant from an R district than that specified in the regulations for the district in which it is located.

('71 Code, § 11-16-8) (Ord. 1413, passed 9-13-60)