Any use of property or any structure that does not conform to the regulations prescribed in this chapter shall be deemed a nonconforming use or structure. If, at the time such use commenced or structure built, the use or structure was in conformity with the city's zoning regulations, then such use or structure shall be deemed a lawful nonconforming use or structure and may continue as such until terminated in accordance with this article or state law. Any nonconforming use or structure that was not in conformity with the zoning regulations when commenced or built is an illegal use or structure.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The lawful nonconforming use of land, although such use does not conform to the provisions of this chapter, may be continued as a lawful nonconforming use so long as such use does not constitute a public nuisance, but if said use is discontinued for a period of time in excess of 12 months, any use of said premises thereafter shall be in conformity with the provisions of the regulations relating to the zoning district in which the property is located. The discontinuation of the nonconforming use for the foregoing period shall be conclusively deemed an abandonment thereof.

(b)

If such nonconforming use is changed to a use otherwise authorized in said zoning district, then such premises may be used thereafter only for a use authorized in the use district where the premises are located. The use authorized herein as a lawful nonconforming use may not be changed to another use not authorized by the use regulations in the zoning district where the premises are located.

(c)

A nonconforming structure or use of a building or a building containing a nonconforming use may not be enlarged, extended, reconstructed or altered unless such use is made to conform to the regulations of the district in which it is located.

(d)

The nonconforming use shall be subject to such regulations as to maintenance of the premises and conditions of operation as may, in the judgment of the board of adjustment, be reasonably required for the protection of adjacent property. Following public hearing, the board may order a termination of a lawful nonconforming use, giving due consideration to an amortization of the original investment in said use.

(Ordinance 06-09, § 2, 3-23-06)

A lawful nonconforming use of a building or structure may be continued although such does not conform to the provisions of this chapter, and such use may be extended throughout the building provided no structural alterations except those required by law or ordinance are made therein. Following public hearing, the board of adjustment may order a termination of a lawful nonconforming structure, giving due consideration to an amortization of the original investment in said structure.

(Ordinance 06-09, § 2, 3-23-06)

If a nonconforming structure is destroyed or damaged such that the cost of repair is in excess of 75 percent of its value, it shall not be rebuilt or repaired unless it is in conformance with the regulations set forth in this chapter. If the cost of repair does not exceed 75 percent of the value of the structure, then such repairs must not enlarge the size of the structure prior to its partial destruction and shall be completed within 12 months of the date of partial destruction. Failure to complete the repairs within this time shall result in a forfeiture of lawful nonconforming status.

(Ordinance 06-09, § 2, 3-23-06)

All signs, billboards and lots for storage that do not require a building, made nonconforming by this chapter or amendments hereto, shall be removed or corrected to conform with the requirements of this chapter.

(Ordinance 06-09, § 2, 3-23-06)

The board of adjustment may order a termination of a nonconforming use or structure after public hearing in which interested parties shall be heard. In ordering the termination of a nonconforming use or structure, the board shall give due consideration to the investment of the owner in the use or structure at the time the use or structure became nonconforming. That investment shall pass to subsequent purchasers who may then be entitled to amortize that portion of original owner's investment remaining at the time the use became nonconforming. The board may fix a date certain upon which the lawful nonconforming use or structure shall terminate.

(Ordinance 06-09, § 2, 3-23-06)