Nothing in this chapter shall be construed to authorize the impairment of any vested right; except that uses existing at the effective date of this chapter which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as:

(1)

The then existing or a more restricted use continues;

(2)

Such use is not discontinued for more than two (2) years;

(3)

The buildings or structures are maintained in their then structural condition; and

(4)

The uses of such buildings or structures shall conform to the regulations of the district in which they are located whenever they are enlarged, extended, reconstructed or structurally altered, except as provided elsewhere in this article.

(5)

No nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use.

Nothing in this section shall be construed to prevent the city, after making a reasonable attempt to notify such property owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two (2) years.

Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid non-conforming manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.

(Ord. No. 5028-97, § 1; Ord. No. 5954-03, § 1)

In the event that all or a part of a nonconforming structure or structure supporting a nonconforming use is destroyed by accidental fire, excluding arson committed by the property owner, or by act of God, the structure may be reconstructed providing:

(1)

Reconstruction shall be limited to structures destroyed by such fire or act of God and shall not exceed the degree of nonconformity which existed prior to such destruction;

(2)

All yards, height and other applicable dimensional regulations of the district in which the use is located shall be observed, to the extent physically possible;

(3)

Any reconstruction shall be limited to the same premises on which the structure existed at the time the use or structure became nonconforming; provided, that in no case shall the nonconforming use be expanded;

(4)

The owner shall apply for a building permit and any work done to repair, rebuild or replace such structure shall be in compliance with the provisions of the Uniform Statewide Building Code and any work done to repair, rebuild or replace such structure shall be in compliance with the provisions of the city's floodplain regulations; and

(5)

Unless the nonconforming structure is repaired, rebuilt or replaced within two (2) years of the date of such fire, natural disaster or other act of God, such structure shall only be repaired, rebuilt or replaced in accordance with the provisions of the city's zoning ordinance. However, if the nonconforming structure is in an area under federal disaster declaration and the structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the structure to be repaired, rebuilt or replaced.

(Ord. No. 5028-97, § 1; Ord. No. 6275-06, § 1; Ord. No. 6618-09, § 1)

If a use does not conform to the zoning prescribed for the district in which the use is situated, and if:

(1)

A business license was issued for the use,

(2)

The holder of such business license has operated continuously in the same location for at least fifteen (15) years, and

(3)

Has paid all local taxes related to the use,

the holder of such business license shall be permitted to apply for a rezoning, a conditional use permit, or a special exception without charge.

(Ord. No. 7302-16)