The lawful use of land existing at the time of the passage of this Chapter, although such use does not conform to the provisions thereof, may be continued except as otherwise provided in this Chapter. No non-conforming structure and/or use shall be increased or enlarged, nor shall any such non-conforming structure and/or use be extended to occupy a greater land area or floor area than that occupied by such non-conforming structure and/or use at the time of the adoption of this Chapter except as otherwise provided in this Chapter.

A.

To a conforming use:

Any non-conforming use may be changed to a use conforming with the regulations established in this Title for the district in which the use is located; provided, however, that a nonconforming use so changed may not thereafter be changed back to a non-conforming use.

B.

To a different non-conforming use:

Any non-conforming use may be changed to another non-conforming use which, in the opinion of the City Council, is more compatible with the uses permitted in the particular zoning district; provided, however, that a non-conforming use so changed may not, thereafter, be changed back to the former non-conforming use. In considering such a matter, the City Council may require whatever information it may deem necessary to render a decision.

Ordinary maintenance of structures housing non-conforming uses shall be permitted subject to the following provisions:

The cost of such work during any period of twelve (12) months shall not exceed twenty-five percent (25%) of the building's assessed value according to the Assessor of the City for the fiscal year in which such work is done.

The floor area of the building as it existed at the time when the use became non-conforming through application of this Chapter shall not be increased.

By abandonment:

Abandonment of a non-conforming use shall terminate immediately the right to operate such use.

A.

By Violation of Chapter:

The right to operate a non-conforming use shall be terminated by any violation of this Chapter.

B.

By Specific Acts of Termination:

Any one (1) of the following specific acts of termination shall terminate immediately the right to operate a non-conforming use:

1.

Changing a non-conforming use to a conforming use.

2.

Changing a non-conforming use to another non-conforming use as herein provided and authorized shall terminate any previous non-conforming use.

3.

Non-operation or non-use of a non-conforming use for a period of twelve (12) or more successive calendar months.

4.

Vacancy for period of twelve (12) successive calendar months of the structure or that part of a structure occupied by the nonconforming use.

C.

By Operation of this Chapter:

1.

Any use of a main building which is or became non-conforming by the enactment of this Chapter in 1987 or its amendments, shall be terminated within forty (40) years of the inception of said use or within twenty (20) years of the enactment of this Chapter or the amendment by which such use shall have become non-conforming, whichever date is later.

2.

Any use of a permanent structure other than a main building which is or became non-conforming upon the enactment of this Chapter or its amendments, shall be terminated within twenty (20) years of the inception of said use, or within ten (10) years of the enactment of this Chapter in 1987 or the amendment by which said use shall have become non-conforming, whichever date is later.

D.

By Damage, Destruction or Obsolescence: The right to operate or maintain any non-conforming use shall terminate and cease to exist whenever the structures in which the non-conforming use is operated and maintained is damaged or destroyed so that the cost of repairing such damage or destruction or placing said structure in lawful compliance with the applicable ordinance exceeds seventy-five percent (75%) of the assessed value of the structure or structures, according to the assessment thereof for City tax purposes. In determining the assessed value of the structure or structures, there shall not be included any cost of the land or any factor other than the structures themselves.

The lawful existence of a structure which existed at the time of the original passage of this Chapter in 1987, although such structure does not conform to the provisions thereof, may be continued except as otherwise provided in this Chapter.

A.

To a Conforming Structure: Any non-conforming structure may be changed to conform with the regulations herein established for the zoning district in which the use is located; provided, however, that a non-conforming structure so changed may not thereafter be changed back to a non-conforming condition.

B.

To a Different Non-Conforming Condition: Any nonconforming condition of a non-conforming structure may be changed to another non-conforming condition which, in the opinion of the City Council, is more compatible with the particular zoning district; provided, however, the nonconforming condition of a non-conforming structure so changed may not thereafter be changed back to the former non-conforming condition. In considering such a matter, the City Council may require whatever information it may deem necessary to render a decision.

Ordinary maintenance of non-conforming structures shall be permitted provided, however, the floor area of the non-conformity as it existed at the time when it became non-conforming through application of this Chapter shall not be increased.

A non-conforming structure as herein defined may continue to exist so long as the City Council finds that the non-conformity does not create an adverse affect on the health or safety of persons residing in the neighborhood of the non-conforming structure, nor is the structure materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. The City may, at it's discretion, pursue abatement of any non-conformity which it finds to exist contrary to the public health and safety.

When a non-conforming structure is damaged or destroyed by natural disaster, it may be rehabilitated or reconstructed up to one hundred percent (100%) of the pre-damage condition, including size and location, provided that such rehabilitation and restoration is started within six (6) months after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the six-month commencement requirement may be approved by the City Manager, upon the property owner demonstrating good cause. There shall be no increase in the size of the structure, the area of the structure, the number of dwelling units or the non-conformity of the structure that legally existed prior to the damage or destruction.

When a non-conforming structure is damaged or destroyed by any cause other than a natural disaster such that the floor area of such damage or destruction exceeds seventy-five percent (75%) of the floor area of the non-conforming structure, the structure shall be reconstructed to comply with all of the provisions of this Chapter.

(Ord. No. NS-171, § 1, 5-4-2010)