Nonconforming uses are those which are not allowed by the existing provisions of the zoning ordinance but were lawfully established prior to the time the ordinance or any amendment thereto made such use unlawful.

Nonconforming structures are those which do not conform to a dimensional provision or requirement of the zoning ordinance but were lawfully established prior to the time the ordinance or any amendment thereto caused the structure to be unlawful.

A nonconforming structure shall not be repaired, restored, extended, enlarged or substituted for except in accord with the following requirements:

A.

This ordinance shall not prohibit the repair, improvement or modernization of a nonconforming structure to correct deterioration, obsolescence, depreciation and wear, provided that such repair does not exceed a value equal to 50 percent of the structure's replacement cost.

B.

Any nonconforming structure damaged by fire, explosion, flood, erosion or other means, shall not be repaired or reconstructed in such fashion that it exceeds the present size, shape, location, design or other specifications and measurements currently existing or currently approved in said structure.

C.

Structural changes, including enlargement or extension of a nonconforming structure, may be permitted by the planning commission, provided the enlargement or extension meets all current zoning requirements and does not increase any existing nonconforming condition, with the following exception: approved additions to structures which are nonconforming due to height may be allowed up to the height of the existing structure.

The determination of the current construction cost for replacement of an existing building or structure, or portion thereof, shall be made on the basis of an appraisal by an individual prequalified by the City Assessor. The cost of such determination shall be borne by the applicant.

Any nonconforming lot or record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of this ordinance or an amendment thereto, shall be used only for a use permitted in this ordinance. If the permitted use of a nonconforming lot requires a variation of the setback or yard requirements of this ordinance in excess of 15 percent of the requirements, than such uses shall only be permitted if a variance is granted by the board of zoning appeals under the terms of this ordinance. The reduction by 15 percent or less of dimensional requirements for lawful nonconforming lots may be granted by the zoning administrator in a manner consistent with the spirit and intent of the setback provisions in the district in which the lot is located. When the minimum dimensional requirements of this ordinance can be met by the combination of two or more nonconforming contiguous lots owned by the same person, said lots may be combined for use and no variance is necessary.

A.

A nonconforming use shall not change in the type or nature of the original nonconforming use, including, but not limited to, expansion of the structure in which the use is conducted, unless the owner demonstrates to the zoning board of appeals that the change will not materially change the nonconformity of the use.

B.

The nonconforming use is allowed to continue until it has been voluntarily surrendered by the owner as evidenced by a written notice of surrender or by the discontinuance of the use for a period of two years. A nonconforming use shall not be affected by any damage or destruction of the structure in which it is located.