1.   General. Except as otherwise required by law, a structure or use legally established prior to the adoption date of this code may be maintained unchanged. In other than criminal proceedings, the owner, occupant, or user shall have the burden to show that the structure, lot, or use was lawfully established.

   2.   Discontinuance.

      A.   Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of one year shall not be occupied, except by a use which conforms to this code.

      B.   Destruction. If any nonconforming structure or use is, by any cause, destroyed to the extent of 50 percent of its market value as determined by the Code Official, it shall not thereafter be reconstructed.

   3.   Enlargements and Modifications.

      A.   Maintenance and Repairs. Maintenance, repairs, and structural alterations may be made to nonconforming structures or to a building housing a nonconforming use with valid permits.

      B.   Change of Nonconforming Use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.

      C.   Additions. All additions to nonconforming structures shall conform to the requirements of this code. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.

   A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this code.

   1.   Applications. All conditional-use permit applications shall be submitted to the Code Official as provided in this code. All applications shall be accompanied by maps, drawings, statements, or other documents as required by the Council or staff. Appropriate fees shall be collected at the time of submittal as determined by the Council.

   2.   Public Hearing. Prior to any action on a conditional use permit, a public hearing shall be held by the Board of Adjustment.

   3.   Determination. Upon consideration of an application for a conditional use permit, the Commission shall itemize, describe and justify, then record and file in writing, to the Board of Adjustment, any recommended conditions to be imposed on the use, along with its general recommendation to approve, amend, or deny the application. After consideration and upon recommendation of the Commission, the Board of Adjustment shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless evidence is presented to establish that:

      A.   Such use will not, under specific circumstances of a particular case, be detrimental to the health, safety, or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area; and

      B.   Such use will comply with the regulations and conditions specified in this code for such use.

   4.   Expiration and Revocation. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Board of Adjustment in accordance with this section. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions.

   5.   Adjustments. An adjustment to an approved conditional use permit shall be submitted to the Code Official accompanied by supporting information. The Board of Adjustment, upon receiving Commission recommendation, may grant, deny, or amend such adjustment.

   These regulations are intended to prescribe the conditions under which activities of limited duration may be conducted. The intent is to prevent the creation of nuisances or annoyances to the occupants of adjacent buildings, premises, or property, and to the general public. Considerations for all types of temporary uses listed herein shall include: compatibility with adjacent uses; potential adverse effects to the surrounding neighborhood because of odor, noise, dust, or other nuisances, especially as they may relate to the consumption of alcohol; parking needs, if applicable; and potential traffic increases and resulting impacts on the surrounding neighborhood or city at large. Temporary uses are categorized into the following three types: Minor Temporary Uses, Special Events, and Zoning Temporary Uses, as defined and restricted herein; and several special uses.

      A.   Events held inside existing structures.

      B.   One-day gatherings on private property, such as graduation parties, reunions, and block parties, that do not include amplified music and are not arranged or held as commercial ventures.

      C.   Model homes.

      D.   Construction offices, trailers, and other equipment but only on active construction sites and as provided for in a construction permit.

      E.   Garage sales, but see restrictions identified later in this section.

      A.   Each special event shall be described in a permit issued by the City Clerk prior to commencement of the event. This permit shall be in addition to all other licenses, permits, or approvals otherwise required by any governmental entity. The City Administrator may impose such conditions on a special event permit as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare, and adjacent uses. Conditions and limitations that may be imposed may include, but are not limited to:

         (1)   Yard setback and open space requirements;

         (2)   Parking;

         (3)   Fences, walls or other screening;

         (4)   Number and placement of signs;

         (5)   Vehicular and pedestrian ingress and egress;

         (6)   Property maintenance during the course of the activity;

         (7)   Control of illumination, noise, odor, vibration or other nuisances; and

         (8)   Hours of operation.

      B.   Proof of ownership or a signed letter from either the property owner or said owner's authorized representative for the property on which the activity is to take place shall be presented at the time the temporary permit is requested, as well as other contact information for individuals and groups involved.

      C.   All unimproved parking areas and main walk areas shall be maintained to prevent mud tracking or dust entrainment.

      D.   Sanitary facilities, either portable or permanent, shall sufficient in quantity and be made available to all employees, attendants and participants of the activity during its operation hours.

      E.   A bond or cash deposit of up to $1,000.00, to be set by the City Administrator, shall be provided to the City to be used for reimbursement of costs for cleanup and repair of public property, police services, and any other damages to the City or its property resulting from the special event; however, the requirement for said bond or cash deposit shall be waived by the City Administrator for typical noncommercial "block parties" privately arranged by and for residents of a street or neighborhood and lasting less than six hours.

      F.   All sites shall be completely cleaned of debris and temporary structures, including but not limited to trash receptacles, signs, stands, poles, electrical wiring, or any other fixtures and appurtenances or equipment connected therewith, within 48 hours after the termination of the special event.

      G.   The following activities are prohibited unless specifically approved in the permit:

         (1)   Use of public property including streets and rights-of-way.

         (2)   Consumption of alcohol.

         (3)   Amplified music.

         (4)   Signage, either on-site or off-site.

         (5)   Temporary structures or uses located within setback areas established within this ordinance.

      H.   A permit fee shall be set by the City and collected prior to issuance of the permit.

      I.   Examples of special events requiring a permit issued by the City Clerk include:

         (1)   Annual seasonal events such as Christmas tree sales, Halloween haunted houses, and community-sponsored events, permitted only in commercial and industrial zones.

         (2)   Nonprofit events such as runs, walks, bike rides, and similar.

         (3)   Temporary outdoor eating establishments, permitted only in commercial zones.

         (4)   Parking lot sales, sidewalk sales (private sidewalks only), permitted only in commercial zones.

      A.   Each use shall be described in a permit issued by the Code Official prior to commencement of the event. This permit shall be in addition to all other licenses, permits, or approvals otherwise required by any governmental entity. The Code Official may impose such conditions on a temporary use permit as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare, and adjacent uses. Conditions which may be imposed may include but are not limited to:

         (1)   Yard setback and open space requirements.

         (2)   Parking.

         (3)   Fences, walls or other screening.

         (4)   Signs.

         (5)   Vehicular and pedestrian ingress and egress.

         (6)   Property maintenance during the course of the activity.

         (7)   Control of illumination, noise, odor, vibration or other nuisances.

         (8)   Hours of operation.

      B.   Proof of ownership or a signed letter from either the property owner or said owner's authorized representative for the property on which the activity is to take place shall be presented at the time the temporary permit is requested, as well as other contact information for individuals and groups involved.

      C.   All unimproved parking areas and main walk areas shall be maintained to prevent mud tracking or dust entrainment. Use of unimproved areas may be prohibited for those uses that are permitted for a longer duration to avoid damaging those areas.

      D.   Sanitary facilities, either portable or permanent, shall be made available to all employees, attendants and participants of the activity during its operation hours.

      E.   A bond or cash deposit of up to $1,000.00, to be set by the City Administrator, shall be provided to the City to be used for reimbursement of costs for cleanup and repair of public property, police services, and any other damages to the City or its property resulting from the zoning temporary use.

      F.   All sites shall be completely cleaned of debris and temporary structures, including but not limited to trash receptacles, signs, stands, poles, electrical wiring, or any other fixtures and appurtenances or equipment connected therewith, within 48 hours after the termination of the special event.

      G.   The following activities are prohibited unless specifically approved in the permit:

         (1)   Use of public property including streets and rights-of-way.

         (2)   Consumption of alcohol.

         (3)   Amplified music.

         (4)   Signage, either on-site or off-site.

         (5)   Temporary structures or uses located within setback areas established within this ordinance.

      H.   A permit fee shall be set by the City and collected prior to issuance of the permit.

      I.   Examples of zoning temporary uses permitted include:

         (1)   Stands for the sales of agricultural products.

         (2)   Retail sales of nursery materials.

         (3)   Other similar uses described in the definition of this type of use.

      A.   Maximum duration of use is no more than 30 days in any calendar year.

      B.   No container shall be more than 8 feet in height, nor more than 16 feet in length in residential districts or 40 feet in length in all other districts.

      C.   Containers shall not be stacked vertically.

      D.   Containers shall be located totally on the owner's lot, and no part of any container shall be located on any public property.

   5.   Commercial Dumpsters. Commercial dumpsters located on a private lot for more than 7 consecutive days are permitted only as part of another permit issued by the Building Department, such as a building permit or demolition permit; or through the commercial dumpster permit listed in item B of this section. Commercial dumpsters located on a private lot for 7 consecutive days or less do not require a permit.

      A.   Commercial dumpsters permitted with issuance of another permit are subject to the following requirements:

         (1)   Containers shall not be stacked vertically.

         (2)   Containers shall be located totally on the owner's lot, and no part of any container shall be located on any public property.

      B.   Commercial dumpsters permitted by commercial dumpster permit are subject to the following requirements: Containers shall not be stacked vertically.

         (1)   Containers shall be located totally on the owner's lot, and no part of any container shall be located on any public property.

         (2)   Maximum duration of use is no more than 30 days in any calendar year. No container shall be more than 8 feet in height, nor more than 16 feet in length in residential districts or 40 feet in length in all other districts.

   6.   Garage Sales. Garage sales are restricted to no more than one three-day event per 180-day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zone, which is prohibited. Permits are not required, but temporary sign regulations as specified in section 173.13 apply.