The purpose of this division is to provide for the continuation and, within a suitable period of time, elimination of existing uses of property that that did not conform to the requirements of this chapter on December 1, 2003.

(Ord. of 12-2003, § 17-1)

The lawful use of any building, structure or land existing at the time of the enactment or subsequent amendment of this chapter may be continued even though such use does not conform with provisions of this chapter, except that the nonconforming structure or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance for one year;

(3)

Extended or enlarged unless such addition is made to conform to the regulations of the zone in which it is located; or

(4)

Rebuilt, altered, repaired or replaced after incurring damages exceeding 50 percent of its replacement cost at the time or condition except in conformity with this chapter. A nonconforming mobile home may not be replaced with another mobile home or manufactured home after it is removed from the property.

(Ord. of 12-2003, § 17-2)

(a)

Application; renewal. An application for a temporary use permit authorizing temporary occupancy shall be submitted to the mayor and city council for approval. Upon approval, such temporary permit shall be issued for a period not exceeding one year. Applicant can seek permit renewal in 12-month increments if necessity continues beyond the initial year.

(b)

Construction projects. A temporary use permit may be issued by the city for an appropriate period of time not to exceed 12-month increments for nonconforming buildings, structures or uses incidental to and necessary to provide for the preparation of a construction site or the completion of a construction project. The owner of such temporary nonconforming use must agree to remove the temporary use upon expiration of the permit.

(c)

Sick or infirm resident. A manufactured home may be placed on a lot occupied by a permanent building where, for humanitarian reasons, it is necessary to provide for the care of a sick or infirm immediate family member on that lot. Once the necessity for such use terminates, the manufactured home must be removed within 45 days.

(Ord. of 12-2003, § 17-4)