Within the districts established by this article or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section of the ordinance to permit such nonconformance to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

(1972 Code, sec. 30.401; 2008 Code, sec. 14.02.181)

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(1972 Code, sec. 30.402; 2008 Code, sec. 14.02.182)

It is further the intent of this article that nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as herein provided, no nonconforming use of land or buildings, or any nonconforming structure shall be enlarged, changed, or altered, except in conformity with the regulations contained in this article.

(1972 Code, sec. 30.403; 2008 Code, sec. 14.02.183)

Any use or structure which does not conform to the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

(1)

The use or structure was in existence and lawfully operating at the time of the passage of this ordinance, and has since been in regular and continuous use; or

(2)

The use or structure was lawfully being used at the time of the adoption of any amendment to this ordinance and by such amendment was placed in a district where it is not otherwise permitted; or

(3)

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

(1972 Code, sec. 30.404; 2008 Code, sec. 14.02.184)

(a)

The lawful use of land existing at the time of the passage of this ordinance, although it does not conform to the provisions herein, may be continued until termination is required in accordance with the provisions of this article. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this article.

(b)

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of continuance [discontinuance] or abandonment is as follows:

(1)

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of 120 days.

(2)

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of 120 days.

(1972 Code, sec. 30.405; 2008 Code, sec. 14.02.185)

Nonconforming lots which do not meet the minimum area, width, or depth requirements for the district in which they are located may be used for any lawful purpose permitted within the zoning district in which they are located. However, the use of such a lot shall be subject to a determination by the zoning officer(s) that a good faith effort has been made to follow all rules and regulations associated with this article.

(1972 Code, sec. 30.406; 2008 Code, sec. 14.02.186)

It shall be the responsibility of the owner, operator, or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the enactment of this ordinance.

(1972 Code, sec. 30.407; 2008 Code, sec. 14.02.187)

Nothing in this article shall prevent the restoration of a building that is destroyed by fire, explosion, or other casualty or act of God, or a public enemy by less than 50 percent of the appraised value of the building, nor the continued occupancy or use of such a building or part which existed at the time of such destruction.

(1972 Code, sec. 30.408; 2008 Code, sec. 14.02.188)

No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only uses permitted by right and approved specific uses may be substituted for nonconforming uses or structures.

(1972 Code, sec. 30.409; 2008 Code, sec. 14.02.189)

No nonconforming use or structure may be extended or enlarged, and no nonconforming use of land may be enlarged or increased, to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.

(1972 Code, sec. 30.410; 2008 Code, sec. 14.02.190)

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

(1)

When the use is abandoned.

(2)

When any provision of this or any other ordinance of the city is violated.

(3)

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

(1972 Code, sec. 30.411; 2008 Code, sec. 14.02.191)

No lot shall be reduced or diminished so that the yards or other open spaces shall be smaller than as prescribed in this article, nor shall the density of population be increased in any manner except in conformity with the area regulations established herein. Side yard areas, used to comply with minimum requirements of this article, for a building, shall not be included as a part of the required areas of any other building.

(1972 Code, sec. 30.412; 2008 Code, sec. 14.02.192)