The general public, the city council, and the planning and zoning commission are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except:

1.

When necessary to preserve property rights established prior to the date these regulations become effective as to the property in question; or

2.

When necessary to promote the general welfare and to protect the character of the surrounding property.

(Ord. No. 4607, § 1, 2-26-2018)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this section was derived that could not be built under the terms of this section by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or any other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful.

Should such nonconforming structure be moved for any reason, for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(Ord. No. 4607, § 1, 2-26-2018)

If a permitted use involving individual structures, or of structure and land combination, exists at the effective date of adoption or amendment of the ordinance from which this section is derived, that would not be allowed in the district under the terms of this section, the use may be continued as long as it remains otherwise lawful, subject to the following:

1.

The use of the structure shall only be changed to a use permitted in the district in which it is located.

2.

Any nonconforming use may be extended throughout any parts of a structure, or of structure and land combination, including the addition of additional structures, so long as the additions comply with city codes and ordinances, and which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this section is derived.

3.

When a nonconforming structure and land combination, in which a nonconforming use is converted to a permitted use, or is discontinued or abandoned for 180 days, the structure, or structure and land combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(Ord. No. 1390, §§ 1, 2, 1-26-1987; Ord. No. 4607, § 1, 2-26-2018)

On any nonconforming structure or portion of a structure containing a nonconforming use, no work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonloadbearing walls, fixture, wiring, or plumbing to an extent exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be.

If 50 percent or more of a nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official 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.