(a)

In those areas annexed in which nonconforming uses exist at the time of annexation, such uses may be continued subject to the provisions of this section.

(b)

Any use which is listed as a specific use within the district for which it is zoned shall be considered to be a nonconforming use until a specific use permit has been granted.

(c)

No existing building or portion thereof devoted to a nonconforming use, as defined in this chapter, shall be enlarged, extended, constructed, reconstructed, moved, or otherwise structurally altered except that it may be repaired or remodeled provided that the gross floor area is not increased. The nonconforming use shall cease if the estimated value of the building after repairing or remodeling, as determined by a state certified real estate appraiser selected by the city and hired at the owner's expense, would be more than 60 percent greater than its assessed value for tax purposes before the repairing or remodeling. Prior to the repairing or remodeling, the plans, specifications, and any bids received shall be provided by the owner to the real estate appraiser for use in determining the estimated value after the repairing or remodeling.

(d)

An existing nonconforming use of land with regard to parking, loading, or screening for any principal building on the premises shall cease at such time that a permit is issued for reconstruction, relocation, enlargement, or exterior load-bearing structural alteration of such building, and all aspects of the use shall thereafter be in conformance with this chapter.

(e)

A nonconforming use may be extended throughout any parts of a building that were designed and intended for such use, but no such use shall be extended to occupy any land outside such building except to provide required off-street loading or off-street parking space.

(f)

A conforming use in a nonconforming building may be changed to another conforming use.

(g)

When a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.

(h)

A nonconforming use shall not be changed to another nonconforming use unless authorized as a special exception by the board of adjustment.

(i)

When a nonconforming use, other than a residential use in a building designed and intended as a dwelling, is discontinued for a consecutive period exceeding six months, whether with intent to abandon such use or not, the use shall not resume except in conformance with the regulations of the district in which the premises is located, or unless a special exception is granted for resumption of the discontinued use as authorized in subsection 64-130(c). Resumption of a discontinued nonconforming use shall be subject to compliance with all applicable building and fire codes.

(j)

The nonconforming status of a use can be eliminated by any of the following actions:

(1)

Replace the nonconforming use with a conforming use.

(2)

Apply for and receive approval of a zoning change to a district classification where the use is permitted by-right or is a specific use.

(3)

Apply for and receive approval of a specific use permit if the use is listed as a specific use in the current district classification, or after rezoning to a district that lists the use as a specific use.

(Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 95-07, pt. 1(B), 11-7-95; Code 1982, § 28-3-1; Ord. No. 99-03, § I, 2-16-99; Ord. No. 04-23, § II, 9-21-04; Ord. No. 08-02, § I, 3-18-08; Ord. No. 2014-09, § I, 5-6-14)

(a)

A nonconforming building, as defined in this chapter, shall not be repaired, remodeled, enlarged, or structurally altered in any manner which increases its existing extent of nonconformity.

(b)

A nonconforming building shall not be repaired, restored, or reconstructed if it is removed or demolished, or destroyed or damaged to such an extent that the estimated value of the building in its destroyed or damaged state, as determined by a state certified real estate appraiser selected by the city and hired at the owner's expense, is less than 40 percent of its assessed value for tax purposes before the damaging event occurred. If the value of the building in its destroyed or damaged state is determined to be 40 percent of more of its assessed value before the damaging event occured, the building can be repaired, restored, or reconstructed, and it may then continue to be used as before. Such repair, restoration, or reconstruction must be completed within 12 months of the damaging event.

(c)

When a nonconforming building is in the process of construction (all foundation forms being in place) or in the process of alteration or repair (all materials having been delivered) on the date that the premises is annexed into the city limits, the construction, alteration, or repair shall be completed within 12 months of annexation.

(d)

The nonconforming status of a building can be eliminated by any of the following actions:

(1)

Modify the building to conform to current standards.

(2)

Apply for and receive approval of a zoning variance in accordance with the provisions of section 64-129 of this chapter to allow the building as is.

(3)

Apply for and receive approval of a zoning change to a district classification where the building would conform to the applicable standards.

(Ord. No. 99-03, § I, 2-16-99; Ord. No. 04-23, § II, 9-21-04; Ord. No. 2014-09, § I, 5-6-14)

(a)

A nonconforming lot, as defined in this chapter, may be developed or redeveloped if it is shown by a recorded plat or replat to be lawful at the time it was created, and has remained in its platted configuration. Unplatted parcels that do not comply with current lot dimension and area standards of the zoning district in which they are located shall not be developed or redeveloped unless the nonconformity is eliminated as provided in subsection (d), below.

(b)

In any residential district, a dwelling permitted by the applicable district regulations may be erected on a lawfully nonconforming lot having no width and/or depth dimension less than 70 percent of the normal minimum required provided that the lot and buildings thereon comply with all other requirements of the district except that, where the lot width is nonconforming, side yards may be reduced to a minimum of five feet where a greater setback would otherwise be required.

(c)

In districts other than residential, a building designed for a use permitted by-right in the applicable district may be erected on a lawfully nonconforming platted or replatted lot provided that the lot and buildings thereon comply with all other requirements of the district.

(d)

The nonconforming status of a lot or parcel can be eliminated by any of the following actions:

(1)

Combine the lot or parcel with an adjoining property to conform to current standards by platting or replatting.

(2)

Apply for and receive approval of a zoning variance in accordance with the provisions of section 64-129 of this chapter to allow the lot as is.

(3)

Apply for and receive approval of a zoning change to a district classification where the lot or parcel would conform to the applicable standards.

(Ord. No. 99-03, § I, 2-16-99; Ord. No. 2014-09, § I, 5-6-14)

It shall be unlawful to install any mobile home, as defined by this chapter, on any lot, tract, or parcel of land or manufactured home park. Existing mobile homes may remain until such time that the legal nonconforming status is terminated as provided in section 64-61. Replacement of a mobile home with, or the first time installation of, a manufactured home is permitted only in conformance with the applicable provisions of this chapter and of chapter 34 of this Code.

(Ord. No. 95-07, pt. 1(B), 11-7-95; Code 1982, § 28-3-2; Ord. No. 97-21, § II, 1-7-97; Ord. No. 99-03, § II, 2-16-99; Ord. No. 2014-09, § I, 5-6-14)

Cross reference— Mobile homes and manufactured home parks, ch. 34.