A.   Within the districts established by these regulations or amendments that may later be adopted there may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before these regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of these regulations or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   B.   Nonconforming uses are declared by this chapter to be compatible with permitted uses in the districts involved. A nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of these regulations by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

   C.   To avoid undue hardship, nothing in this chapter 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 of these regulations and upon which construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. (Ord. 172, 9-24-1996, eff. 10-31-1996)

In any district in which single-family dwellings are permitted, 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 these regulations, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lots fail to meet the requirements for area, width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the city council. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Where at the time of passage of these regulations lawful use of land exists which would not be permitted by the regulations imposed by these regulations, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided:

   A.   Greater Area Occupancy: Such nonconforming use shall not be enlarged, increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these regulations;

   B.   Moving: Such nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of these regulations;

   C.   Cessation: If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by these regulations for the district in which such land is located;

   D.   Additional Structures: No additional structure not conforming to the requirements of these regulations shall be erected in connection with such nonconforming use of land. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Where a lawful structure exists at the effective date of adoption or amendment of these regulations that could not be built under the terms of these regulations by reason of restriction on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Increase In Nonconformity: Such nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

   B.   Destruction: Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of these regulations;

   C.   Moving: Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 172, 9-24-1996, eff. 10-31-1996)

If lawful use involving incidental structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of these regulations, that would not be allowed in the district under the terms of these regulations, the unallowed use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Alteration: No existing structure devoted to a use not permitted by these regulations 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;

   B.   Extensions: Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of these regulations, but such use shall not be extended to occupy any land outside such building;

   C.   Changes: If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use; provided, that the city council, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the city council may require appropriate conditions and safeguards in accordance with the provisions of these regulations;

   D.   Cessation: Any structure, or structure and land in combination, in or on which a nonconforming use is removed, or ceases, or is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

   E.   Discontinuance; Abandonment: When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months (except when government action impeded access to the premises), the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located;

   F.   Removal Or Destruction: Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction", for the purpose of this subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Ordinary Repairs: On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost 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.

   B.   Unsafe Or Unlawful: If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical conditions, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

   C.   Strengthening Or Restoring: Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Any use which is permitted as a special exception or conditional use in a district under the terms of these regulations (other than through city council action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Nonconforming advertising displays, signs or structures are governed by section 9-10-12 of this title. (Ord. 412, 10-28-2008, eff. 11-27-2008)