Except as hereinafter provided, no nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered or repaired except in conformity with the following regulations.

(Ord. No. 94-1097, § 11-100, 9-26-1994)

Any use of land or buildings which does not conform to use regulations prescribed in this chapter shall be deemed to be nonconforming use. Any building or structure which does not conform to the lot area, front yard, side yard, rear yard, coverage, height, floor area ratio, parking, loading, building spacing, screening, access or regulations prescribed in this article shall be deemed to be a nonconforming structure.

(Ord. No. 94-1097, § 11-101, 9-26-1994)

A nonconforming status under the provisions of this article shall exist:

(1)

When a use or structure, which does not conform to the regulations prescribed for the district in which such use or structure is located was in existence and lawfully constructed, located and operating on the effective date of the ordinance from which this article is derived and has since been in regular and continuous use.

(2)

When a use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the city and has since been in regular and continuous use.

(Ord. No. 94-1097, § 11-102, 9-26-1994)

(a)

It is the declared purpose of this article that nonconforming uses be eventually discontinued and the use of premises required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming use.

(b)

A nonconforming use may be occupied, used and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided.

(c)

The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:

(1)

Whenever a nonconforming use is abandoned, all nonconforming right shall cease and the use of the premises shall henceforth be in conformance to this article. Abandonment shall involve the intent of the user of owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned.

(2)

The violation of any of the provisions of this article or violation of any ordinance of the city with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use.

(3)

Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district.

(4)

Whenever a nonconforming use is changed to a conforming use under the provisions of this section.

(5)

Whenever the structure in which a nonconforming use is housed, operated or maintained is destroyed or damaged by fire or other causes to the extent of more than 60 percent of the replacement cost of the structure on the date of the damage, the right to operate such nonconforming use shall terminate.

(6)

The right to maintain or operate a nonconforming use may be terminated by the planning and zoning commission in accordance with the provisions of article II division 2 of this chapter.

(7)

Whenever the time limitation established by a special permit has expired.

(Ord. No. 94-1097, § 11-202, 9-26-1994)

(a)

Any nonconforming use may be changed to a conforming use and once such change is made the use shall not thereafter be changed back to a nonconforming use.

(b)

The planning and zoning commission may grant a change of use from one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a nonconforming use. Upon review of the facts in accordance with article II, division 2 of this chapter, the planning and zoning commission may establish a specific period of time for the return of the occupancy to a conforming use.

(Ord. No. 94-1097, § 11-203, 9-26-1994)

(a)

No nonconforming use shall be changed to another nonconforming use which requires more off-street parking spaces or off-street loading space than the original nonconforming use unless additional off-street parking and loading space is provided so as to comply with the requirements of article IV of this chapter.

(b)

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing on the effective date of the ordinance from which this article is derived.

(c)

No conforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is locate as of the effective date of the ordinance from which this article is derived except to provide off-street parking space upon approval of the planning and zoning commission.

(d)

All nonconforming uses being expanded under the provisions of this section shall comply with the other applicable provisions of this section.

(Ord. No. 94-1097, § 11-204, 9-26-1994)

(a)

In the event of damage or destruction of a nonconforming structure to the extent of sixty percent of the replacement cost of such structures on the date of such damage, such nonconforming structure may be rebuilt, only after public hearing, and favorable action by the planning and zoning commission as provided in article II, division 2 of this chapter.

(b)

Whenever a nonconforming structure is determined to be obsolete, dilapidated, or substandard by the planning and zoning commission, the right to operate, occupy or maintain such structure may be terminated by action of the planning and zoning commission as provided in article II, division 2 of this chapter, and such structure shall be demolished.

(Ord. No. 94-1097, § 11-301, 9-26-1994)

(a)

Any nonconforming structure may be enlarged, remodeled, occupied and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended so as to increase the nonconformity with any of the provisions of the ordinance from which this article is derived.

(b)

Where a nonconforming use is located in a structure which is nonconforming, the use may be changed in accordance with the provisions of sections 50-613 through 50-615.

(Ord. No. 94-1097, § 11-302, 9-26-1994)

All public schools, and denominational schools having a curriculum equivalent to public elementary or secondary schools, and all accessory buildings and structures normally associated therewith, including stadiums and field houses, which are built and existing on the effective date of the ordinance from which this article is derived, shall be considered as conforming to the provision of this article. In the event such school buildings have been constructed with lesser front yards or rear yards, or with greater coverage, or floor area ratio than herein specified, such buildings may be altered, remodeled, enlarged, or increased in height, but no provisions herein shall be construed as to require greater yards, or lesser coverage, or floor area ratio than provided by the existing construction and building permits shall be issued if in compliance with the provisions of the building code. Agricultural facilities and agricultural operations upon property owned by a public school are exempt from non-conforming zoning regulations; however, any such agricultural facilities must comply with all building codes adopted by the city.

(Ord. No. 94-1097, § 11-400, 9-26-1994; Ord. No. 16-1223, § 2, 8-8-2016)

A record of all certificates of occupancy shall be maintained on file in the office of the building inspector of the city and copies shall be furnished for a fee on written request to any person having a proprietary or tenancy in interest in the building or land affected.

(Ord. No. 94-1097, § 13-102, 9-26-1994)