The provisions of this chapter shall apply to buildings, structures, land and uses which become nonconforming as a result of the application of this title to them or from classification or reclassification of property under this title or any subsequent amendments thereto. If a use originally authorized by a variance, conditional use permit, or other valid use permit prior to the effective date of this title is located within a district in which such use is not permitted by the terms of this title, such use shall be a nonconforming use. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

In any district, notwithstanding other provisions of this title, structures permitted in the district may be erected on any single lot which was of record on the effective date of this title, even though such lot does not meet the lot area requirements of the district. However, such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. Furthermore, yard dimensions and other requirements not involving lot area shall conform to the regulations of the district in which the lot is located.

If two (2) or more vacant lots or combinations of lots have contiguous frontage and are held in single ownership and if all or any of the lots do not meet the district lot area requirements, the land involved shall be considered an undivided parcel, and no portion of said parcel shall be used or sold which does not meet lot area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot with area less than the requirements of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.

   (B)   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 the effective date of adoption or amendment of this title.

   (C)   If any such nonconforming use of land ceases for a period of eighteen (18) months, any subsequent nonconforming use of such land shall be reviewed by the board of adjustment as to whether said land should conform to the regulations specified by this title for the district in which such land is located. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restriction on area, lot coverage, yards, height or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains lawful, subject to the following provisions:

   (A)   No such structure may be enlarged or altered in a way which increases its nonconformity, unless an enlargement or structural alteration makes the building more conforming or is required by law.

   (B)   Should such structure be destroyed by any means to an extent of more than eighty percent (80%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. Nonconforming reconstruction involving dissimilar structures shall be reviewed by the board of adjustment as to whether such structure should conform to the regulations specified by this title for the district in which it is located.

   (C)   Should such structure be moved for any reason regardless of distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   (D)   Structural alterations may be permitted if necessary to adapt a nonconforming building to new technologies. Any enlargement necessary in order to adapt to new technologies shall be authorized by a variance. (Ord. 1709, 4-3-2006)

If a lawful use of a structure or of structures and premises in combination exists at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No existing structure devoted to a use not permitted by this title 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.

   (B)   Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the title, but no such use shall be extended to occupy any land outside such building. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (C)   If no structural alterations are made, any nonconforming use of a structure or land may be changed to another nonconforming use; provided, that the city commission issues a conditional use permit. In determining whether or not to grant the conditional use permit, the city commission shall find that the proposed use is equally or more appropriate to the district than the existing nonconforming use. In permitting such change, the city commission may require appropriate conditions and safeguards in accordance with the provisions of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (D)   Any structure or structures and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not be thereafter resumed.

   (E)   When a nonconforming use of a structure or structures and land in combination is discontinued for eighteen (18) months, any subsequent nonconforming use of the structure or structures and land in combination shall be reviewed by the board of adjustment as to whether said structure should conform with the regulations of the district in which it is located.

   (F)   Where nonconformity use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of eighty percent (80%) of the replacement cost at time of destruction. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary fixtures, ordinary repairs, wiring, plumbing, repair or replacement of bearing and/or nonbearing walls and on major remodeling; provided, that such work does not increase the square footage of the building or expand the intensity of such use or create any adverse impacts upon adjoining or other properties. Further, nothing in this section shall be deemed to prevent the strengthening or restoring to safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 1576, 5-1-1989, eff. 6-15-1989)