(a)

Continuation of legally existing nonconforming signs. All signs legally existing at the time of passage of this article may remain in use under the conditions of legal nonconformance. Signs in legal nonconformance shall not be enlarged, moved, lighted, or reconstructed; however, the change of the advertising display shall not be restricted except as previously stated.

(b)

Replacement of damaged sign. Should any nonconforming sign be damaged by any means to an extent of more than 75 percent of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this article.

(c)

Removal of on-site nonconforming signs. All on-site nonconforming signs not otherwise prohibited by the provisions of this article shall be removed or shall be altered to conform to the provisions of this regulation when the nature of the business conducted on the premises changes and the sign is changed or modified either in shape, size, or legend or when the name of the business changes and the sign is changed or modified either in shape, size, or legend.

(d)

Removal of signs upon destruction of principal structures. When a principal structure is destroyed or removed due to natural or manmade circumstances, all signs on the property shall be removed within 90 days, unless a building permit has been issued to replace the structure within the time period.

(Code 1987, app. A, §§ 52, 53; Ord. No. 7365, § 1(part), 2-5-2001)

Nonconformities are of three types: nonconforming lots of record, nonconforming structures and nonconforming uses. A definition of each type is as follows:

Nonconforming lot of record means an unimproved lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of this article, and neither the lot nor parcel complies with the lot width or area requirements for any permitted use in the district in which it is located.

Nonconforming structure means an existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.

Nonconforming use means an existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

(Code 1987, app. A, § 66; Ord. No. 7365, § 1(part), 2-5-2001)

The building inspector shall issue a building permit for any nonconforming lot of record, however:

(1)

The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

(2)

The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations; and

(3)

The lot can meet all yard regulations for the district in which it is located; and

(4)

The lot can be served by municipal sewerage disposal; or can meet minimum standards for on-site sewage treatment as required by the county health office, should the city determine that the lot cannot be served by the municipal disposal system.

(Code 1987, app. A, § 67; Ord. No. 7365, § 1(part), 2-5-2001)

(a)

Authority to continue. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located, may be continued, so long as it remains otherwise lawful.

(b)

Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure; provided further, existing manufactured home parks not meeting the requirements of this article shall be declared nonconforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this article.

(c)

Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 75 percent of its appraised value, such structure shall not be restored unless it shall conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 75 percent or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(d)

Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall conform to the regulations of the zoning district in which it is located after being moved.

(Code 1987, app. A, § 68; Ord. No. 7365, § 1(part), 2-5-2001)

(a)

Authority to continue. Any lawfully existing nonconforming use or part or all of a structure or any lawfully existing nonconforming use of land, may be continued, so long as otherwise lawful.

(b)

Ordinary repair and maintenance.

(1)

Normal maintenance and incidental repair, or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

(2)

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

(c)

Extension. A nonconforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to:

(1)

Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of the ordinance from which this article is derived (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming).

(2)

Extension of such use within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of the ordinance from which this article is derived (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming); provided, however, that such use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(d)

Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall conform to the regulations of the district in which it is located.

(e)

Damage or destruction. If any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 75 percent of its appraised value, such structure shall not be restored unless such structure and the use thereof shall conform to all regulations of the zoning district in which it is located. When such damage or destruction is 75 percent or less, no repairs or restoration shall be made unless a building permit is obtained, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(f)

Moving. No structure that is devoted in whole or in part to a nonconforming use and nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall conform to all regulations of the zoning districts in which it is located after being so moved.

(g)

Change in use. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a conditional use, be changed to another nonconforming use however, the board of adjustment either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with article IX of this chapter. Once a change is made to a more appropriate use, the use shall not be returned to the original use or a less appropriate use.

(h)

Abandonment or discontinuance. When a nonconforming use is discontinued or abandoned for a period of 12 consecutive months, such use shall not be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(i)

Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(j)

Nonconforming residential uses. Notwithstanding the provisions of sections 46-303(3) and 46-305(d), any structure which is devoted to a residential use and which is located in a business or industrial district, may be remodeled, extended, expanded, and enlarged; however, after any such remodeling, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

(Code 1987, app. A, § 69; Ord. No. 7365, § 1(part), 2-5-2001)

(a)

Status of existing conditional uses. Where a use exists at the effective date of the ordinance from which this article is derived and is permitted by this article only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district. Such conditional use shall not be enlarged or expanded unless a conditional use application is approved as set out in article IX of this chapter.

(b)

Status of future conditional uses. Any use for which a conditional use permit has been issued, as provided in this article, shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use.

(Code 1987, app. A, § 70; Ord. No. 7365, § 1(part), 2-5-2001)

Reuse of a commercial structure. Any existing commercial structure, in a residential district, that was previously utilized by a documented commercial use may be occupied by a permitted home occupation. Any reuse of any existing commercial structure shall be subject to the site plan review process. All new alterations to the structure must meet the minimum requirement of the underlining zoning district.

(Code 1987, app. A, § 70.5; Ord. No. 7394, § 1(part), 6-18-2001)