(A)   Within the districts as originally established by this chapter or amendments thereto or other prior zoning regulations of the city, there exist lots, structures and uses of land and structures which were lawful before previous zoning regulations or this chapter were adopted or amended, but which would be prohibited under the terms of these ordinances and amendments thereto.

   (B)   It is the intent of this subchapter to permit these non-conformities to continue as provided hereinafter, but not to encourage their survival. The uses are declared to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   (C)   A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after adoption of any ordinance finding such use to be non-conforming by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, or by the addition of other structures or uses, if the additions are of a nature which would be prohibited generally in the district involved.

   (D)   To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this chapter and upon which actual building construction has been diligently pursued. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner, and demolition, elimination and removal of an existing structure in connection with the construction; provided that, actual construction work shall be diligently pursued until the completion of the building involved and a building permit is continuously in force and effect for the construction.

(Prior Code, § 11.23)

   (A)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter which the original provision herein or amendment thereto would have prohibited the dwelling or accessory building construction. The lot must be in separate ownership and not of continuous frontage with other lots or parcels in the same or similar ownership exercising common control over the entire parcel as a single unit. This provision shall apply even though the lot fails to meet the requirements for total lot area, width or depth that are generally applicable in the district; provided that, yard dimensions, setbacks and other requirements not involving total lot area, width or depth of lots shall conform to the regulations for the district in which the lot is located unless a variance is obtained for the requirements.

   (B)   If two or more lots or combination of lots and portions of lots or parcels, or portions thereof, with continuous frontage are in the same or similar ownership exercising common control of the entire parcel as a single unit at any time after the effective date of this chapter, and the lots or parcels together do not meet the requirements for lot width, depth and total lot area as established in this chapter, the lands involved shall be considered to be a non-divisible parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold which does not meet lot width, depth and total lot area requirements established by this chapter unless all or a portion of the land is sold or combined with adjoining other parcels so as to meet or exceed the requirements. No division of any parcel of land may be made which leaves any remaining portion of the land with a width, depth or total lot area below the requirements stated in this chapter unless a variance is obtained.

(Prior Code, § 11.23)

   Where, at the original effective date of this chapter or amendment thereto, or other prior zoning regulations of the city, wherein the lawful use of land existed prior to the adoption thereof and that under the provisions thereof, the use was no longer permissible under the terms thereof as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.

   (A)   No non-conforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of the ordinance making the use non-conforming.

   (B)   No non-conforming use of land shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of the ordinance making the use non-conforming.

   (C)   If any non-conforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of the land shall conform to the regulations specified in this chapter for the district in which the land is located.

   (D)   A non-conforming use of land shall not be changed to another non-conforming use of land. When any non-conforming use of land has been changed to a conforming use of land, it shall not thereafter be changed to any non-conforming use.

   (E)   A non-conforming use of land may be changed to lessen the non-conformity of that use of land. Thereafter, the use of the land may not be altered so as to increase the non-conformity.

(Prior Code, § 11.23)

   (A)   The lawful use of a structure existing at the original effective date of this chapter, or amendments thereto, or other prior zoning regulations which, under the provisions of the ordinances or regulations do not conform to the provisions therein, shall be discontinued within a reasonable period of amortization of the structure thereafter. A reasonable period of amortization shall begin after the date of the adoption of the ordinance or regulation finding it to be non-conforming and shall be considered to be 40 years for buildings of ordinary wood construction, 50 years for buildings of wood and masonry construction and 60 years for buildings of fire-proof type construction. The reasonable period of amortization for other structures shall be ten years.

   (B)   No structure which contains a non-conforming use may be enlarged, extended, converted, reconstructed or structurally altered unless the use of the structure is changed to one permitted within the district in which the building is located and the non-conforming use thereof shall not thereafter be resumed.

   (C)   No structure containing a non-conforming use destroyed by any peril or means to an extent where the cost to repair the damage to the structure equals or exceeds the most current assessor’s market value prior to the time of the damage shall be reconstructed or repaired, except in conformity with the provisions of this chapter.

   (D)   Should the structure containing a non-conforming use be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   (E)   When a structure containing a non-conforming use, or the use and premises in combination, is discontinued or abandoned for six consecutive months or any 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located.

   (F)   Whenever a structure containing a non-conforming use, or the use and premises in combination, loses its right to lawful use under the provisions of this section, the Council may, at any time thereafter, require the use of such structure to conform to the regulations of the district in which it is located or its removal and destruction. Failure on the part of the Council to make the requirement within any period of time after its use becomes unlawful shall not abrogate its right to do so at any future time.

   (G)   On any structure devoted in whole or in part to any non-conforming use, work may be done in any 12 consecutive month period on ordinary repairs and maintenance to non-bearing non-structural walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the most current assessed market value of the structure; provided that, the cubical and habitable space content of the building as it existed at the time it became non-conforming shall not be increased.

   (H)   Nothing in this section shall be construed so as to prevent the restoring of a structure containing a non-conforming use to a safe condition when the structure is declared to be hazardous or unsafe by an authorized government official unless the cost of the restoration equals or exceeds the most current assessor’s market value of the structure or a conditional use permit is obtained. The restoration shall not extend the non-conforming use of a structure in any manner, except as reasonably required to eliminate the hazardous or unsafe condition, nor shall the amortization period for its existence be extended. Non-structural and minor alterations may be made to any residential structure containing non-conforming residential dwelling units when the same will improve the liveability of the units; provided that, it does not increase the number of dwelling units in the structure. Any non-conforming use of a structure, or non-conforming use of a structure and premises combination, to which its non-conformance relates solely to floodplain regulations may, if permitted by the regulations, alter the structure for purposes of substantially reducing potential flood damages to the entire structure. In no event shall any repair or maintenance or other alteration to a non-conforming use of a structure be allowed which would extend or intensify the non-conforming use of the structure.

(Prior Code, § 11.23)

   Well-maintained non-conforming structures which contain conforming uses may be maintained, altered, enlarged and rebuilt; provided, the altered structure is no less conforming than before the alteration.

(Prior Code, § 11.23)