Any lawful use of the land or buildings existing on August 19, 1981, and located in a district in which it would not be permitted as a new use under the regulations of this article, is hereby declared to be a nonconforming use and not in violation of this article; provided, however, that a nonconforming use shall be subject to, and the owner shall comply with, the regulations in this article.

(Ord. No. 442, § 19.1, 8-19-81)

Where lawful use of land exists on August 19, 1981, which would not be permitted by the regulations imposed by this chapter and where such use involves no individual structure with an assessed value exceeding $500.00, the use may be continued so long as it remains otherwise lawful provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on August 19, 1981.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on August 19, 1981 or amendment of this chapter.

(3)

If any such nonconforming use land ceases for any reason for a period of more than one year, such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Ord. No. 442, § 19.2, 8-19-81)

If lawful use, involving individual structures with an assessed value of $500.00 or more of structure and premises in combination, exists on August 19, 1981, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

If any such nonconforming use of a structure ceases for any reason for a period of more than six months, such use shall conform to the regulations specified by this chapter for the district in which such use is located.

(3)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(4)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of zoning appeals determines that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the nonconforming status of land.

(Ord. No. 442, § 19.3, 8-19-81)

Where a lawful structure exists on August 19, 1981, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

If any such nonconforming structure ceases being used for any reason for a period of more than six months, any subsequent use of such structure shall conform to the regulations specified by this chapter for the district in which such structure is located.

(Ord. No. 442, § 19.4, 8-19-81)

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 building may be erected on any single lot of record on August 19, 1981. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on August 19, 1981, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot width or area below the requirements stated in this chapter.

(Ord. No. 442, § 19.5, 8-19-81)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent that the sum total of the repairs, including labor, materials and slated changes do not exceed 25 percent of the state equalized valuation of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to a lack of repairs and maintenance, and is declared by the building inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(Ord. No. 442, § 19.6, 8-19-81)

Nothing in this chapter shall prevent the reconstruction, repair, or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God or acts of public enemy wherein the sum total of the expense including labor, materials and other charges of such reconstruction does not exceed 50 percent of the state equalized valuation of the entire building or structure at the time such damage occurred; provided that such restoration and resumption shall take place within six months of the time of such damage and that it is completed within one year from the time of such damage; and provided further, that such use be identical with the nonconforming use permitted and in effect directly preceding such damage. Where pending insurance claims require an extension of time, the building inspector may grant a time extension provided that the property owner submit a certification from the insurance company attesting to the delay. Until such time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises.

(Ord. No. 442, § 19.7, 8-19-81)

No nonconforming building or structure shall be moved in whole or in part to another location unless such building or structure and the off-street parking spaces, yard and other open spaces provided are made to conform to all the regulations of the district in which such building or structure is to be located.

(Ord. No. 442, § 19.8, 8-19-81)

(a)

At any time after August 19, 1981, should the city become aware of a nonconforming use, the owner of the nonconforming use shall be notified by the building inspector of the provisions of this section, and that his property constitutes a nonconforming use. Within 30 days after receipt of the notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application for such certificate shall designate the location, nature, and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy. If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this chapter. The building inspector and the city attorney shall take appropriate action.

(b)

If the building inspector shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law, or if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or the zoning ordinance in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this chapter.

(Ord. No. 442, § 19.9, 8-19-81)

In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this chapter, and where a building permit for such building or structure has been issued and construction work started before August 19, 1981, such work may proceed provided it is completed within one year of such date.

(Ord. No. 442, § 19.10, 8-19-81)