Any use of property that does not conform to the regulations prescribed in the preceding sections of this chapter and which shall have been in existence prior to January 4, 1966, shall be called a nonconforming use. Date is that of enactment of original zoning ordinance from which this section is derived.

(Code 1978, §§ 20.1200, 20.1201)

If such use is abandoned or discontinued for six consecutive months, the next use of the land and/or structure shall conform to the existing zoning of the property in question.

(Code 1978, § 20.1202)

Any nonconforming use of land or structures may be continued for definite periods of time, and subject to such regulations as the city council may require for immediate preservation of the adjoining property and the ultimate removal of the nonconforming use. The city council may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher classification as the original nonconforming use; provided, however, that such change of use and occupancy will not tend to prolong and continue the nonconforming use. A nonconforming use once changed from a lower classification use shall not be changed to a lower classification use, and such prior lower classification use shall be considered abandoned.

(Code 1978, § 20.1203)

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In case of partial destruction by fire or other causes, not exceeding 50 percent of its value, the building inspector shall issue a permit for reconstruction if greater than 50 percent and less than total, the city council may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

(Code 1978, § 20.1204)

No permit for the erection, alteration or enlargement of any building shall be issued by the city, unless there first be filed, in said office by the applicant thereof, a plat, drawn to scale, and in such form as may be prescribed by the city, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the city may require, and any failure to comply with the provisions of this chapter shall be good cause for the revocation of any such building permit by the city. A record of such applications and plats shall be kept in the city offices.

(Code 1978, §§ 20.1300, 20.1301)

The city council may, after public hearing and proper notice to all parties affected, and after recommendation from the zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specified districts:

(1)

Private schools, kindergartens and nurseries in the R-2 district.

(2)

Private housing projects, office developments, shopping centers or a combination thereof, consisting of not less than three acres and when accompanied by a site plan drawn to scale and showing the arrangement of the project in detail together with essential requirements such as parking facilities, locations of buildings and the uses to be permitted, and means of egress and ingress in any district.

(3)

Temporary commercial amusement enterprises such as circuses, carnivals, pony rides, in all districts except the R-1 and R-2 districts.

(4)

Radio broadcasting towers and stations, television towers and television transmitting stations in any district.

(5)

Rock quarries, sand, gravel and earth excavations in all districts other than R-1 and R-2 districts. At the time the permit is granted, the city council may impose reasonable conditions for the protection of the public health and safety, and may provide for the restoration of such property to a usable condition after excavations have been terminated.

(6)

Where the zoning commission is considering a change in zoning from residential or apartment zoning to a lower classification and the area in question involves three or more acres under one ownership, or if it contains a lesser area and would constitute the extension of an existing district whereby the provision of off-street facilities, screening walls, fences or planting and open space would create a protective transition between a lesser and more restricted district or if it would constitute the extension of an existing special permit, the zoning commission may, within its discretion, make the following recommendations to the city council:

a.

Recommend against the change in zoning.

b.

Recommend a change in zoning.

c.

Recommend that a nonconforming permit for such area be granted together with its recommendations as to requirements for paving of streets, alleys and sidewalks, means of ingress and egress to the public street, provisions for drainage, parking space and street layouts, and protective screening and open space.

(7)

Every special permit granted under the provision of this chapter shall be considered as an amendment to the zoning applicable to such property. In granting such permit, the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the building inspector for the use of the buildings on such property pursuant to said special permit; and such conditions shall not be construed as conditions precedent to the granting of the special permit of the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(8)

Upon discontinuance of any such special permit use, such property shall revert to its regular zoning or another special permit must be granted under the terms hereof.

(Code 1978, § 20.1302)