Nonconforming uses, buildings, structures, conditions, and lots are declared by this section to be incompatible with permitted uses or requirements in the districts in which they are located. However, to avoid undue hardship, the lawful use of any such use, building or structure at the time of the enactment, amendment, or revision of this section may be continued even though such structure does not conform with the provisions of this section, subject to the below:

(a)

Nonconforming uses shall not be:

(1)

Changed to another nonconforming use which would not otherwise be permitted in the same zoning district in which the existing nonconforming use is located.

(2)

Enlarged.

(3)

Reestablished or replaced after discontinuance of the use or physical removal or relocation of the use from its original location for a period of six (6) months, except that, when a nonconforming use of any building or land has (1) been found to be a public nuisance through judicial or quasijudicial proceeding or (2) been terminated by way of a business license revocation, it shall not be reestablished or changed to any use not in conformity with the provisions of this section.

(b)

Buildings or structures of a type which are nonconforming as to the zoning district in which they are located shall not be:

(1)

Enlarged.

(2)

Reestablished, reoccupied, or replaced after the physical removal or relocation of the building from its original location for a period of six (6) months, except that:

A.

Nonconforming manufactured homes, once removed, shall be replaced within thirty (30) days of removal or forfeit nonconforming status, and if replaced shall not infringe on established setbacks, and shall meet in full the requirements of section 6-1 of this [appendix]. Manufactured homes damaged or destroyed by fire, acts of nature or other cause shall be replaced within sixty (60) days of the time of casualty or the non-conforming status shall be forfeited.

B.

Other than manufactured homes, existing residential units may be reestablished, regardless of the amount of time since last used, provided that the existing units were, or were likely to have been, lawfully constructed/established. If more than six (6) months have passed since the physical removal of the residential units from the original location, only conforming buildings or structures may be permitted.

(c)

Nonconforming conditions such as setback encroachments, lack of required parking, and insufficient lot areas, may not be:

(1)

Enlarged so as to increase their nonconformity. (Any enlargement must meet setback requirements.)

(2)

Repaired, rebuilt, or altered after any damage in such a way as to increase the nonconformity of side, rear or front yard setbacks or other applicable requirements or to reduce the amount of off-street parking below the amount provided prior to such damage.

This section shall not be applicable to any condition of the property which is nonconforming to a zoning requirement for which an amortization period was imposed.

(d)

Existing nonconforming lots of record. Where a lot does not conform to the dimensional requirements of this section, such lot may nonetheless be used as a building site. The zoning administrator is authorized to issue an administrative variance to permit building on the property provided that none of the applicable setback or buffer requirements for the proposed construction are reduced by more than fifty (50) per cent below the minimums specified elsewhere within the city's ordinances. If building upon the nonconforming lot of record as proposed would require a reduction of greater than fifty (50) per cent from any of the applicable setback requirements, then the matter shall be referred for consideration to the board of zoning appeal under its normal procedures.

(Ord. No. 1985-17, § 3-28-85; Ord. No. 1990-36, 7-12-90; Ord. No. 1996-20, 5-9-96; Ord. No. 1996-38, 7-25-96; Ord. No. 1998-90, 11-12-98; Ord. No. 2003-013, 2-27-03; Ord. No. 2006-28, § 1, 5-25-06; Ord. No. 2010-25, 4-22-2010; Ord. No. 2020-044, Exh. A, 9-24-2020; Ord. No. 2021-057, Exh. A, 8-28-2021; Ord. No. 2021-076, Exh. A, 11-23-2021)