(a)

Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before the date of passage of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or before the date of an amendment to this chapter, but which would be prohibited or regulated and restricted under terms of this chapter or future amendments thereto.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, extended or reconstructed to continue nonconformity after major damage, or used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Code 1961, § 22-9(1); Code 1985, § 7-636)

Nonconforming lots shall be governed by section 122-249.

(Code 1961, § 22-9(2); Code 1985, § 7-637)

Where, at the effective date of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or the effective date of an amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, or extended, or occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or the effective date of an amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or the effective date of an amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Code 1961, § 22-9(3); Code 1985, § 7-638)

Where a lawful structure exists at the effective date of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or the effective date of an amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structures may be continued so long as they remain otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Removal or destruction of the nonconforming structure shall eliminate the nonconforming status of the structure.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Code 1961, § 22-9(4); Code 1985, § 7-639)

If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or the effective date of an amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of the ordinance from which this chapter is derived or at the time of adoption of an amendment of this chapter. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, or any additional building on the same plot, not used for such nonconforming use at the effective date of the ordinance from which this chapter is derived.

(3)

There may be a change of tenancy, ownership or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use except as may be permitted by this subsection.

(4)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided that 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 accord with the provisions of this chapter.

(5)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(6)

Where nonconforming use status applies to a structure and premises in combination, and the structure is removed or destroyed, the use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(Code 1961, § 22-9(5); Code 1985, § 7-640; Ord. No. 5216, § 2, 10-21-03)

(a)

If for any reason a nonconforming use of land that contains no individual structure with a replacement cost exceeding $1,000.00 ceases or is discontinued for a period of more than one year, the land shall not thereafter be used for a nonconforming use, except that this restriction shall not apply to nonconforming agricultural uses.

(b)

If for any reason the nonconforming use of a building ceases or is discontinued for a period of 12 months or more, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(Code 1961, § 22-9(6); Code 1985, § 7-641)

Repairs, maintenance and improvements, other than those caused by casualty (which are governed by section 122-178), may be carried out in any one year in an amount not to exceed 25 percent of the assessed value of the structure for that year, and provided that such work does not increase the cubical content of the building or the floor area devoted to the nonconforming use, or increase the number of dwelling units. Nothing in this section shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of a building occupied by a nonconforming use.

(Code 1961, § 22-9(7); Code 1985, § 7-642; Ord. No. 5216, § 3, 10-21-03)

If any nonconforming structure, or building in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed 50 percent of its replacement cost at the time of the damage, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(Code 1961, § 22-9(8); Code 1985, § 7-643)

Any use that, before the date of passage of the ordinance from which this chapter is derived, before the date of adoption of this chapter, or before the date of an amendment to this chapter, was allowed as a special exception and for which a special exception is in effect at the time of such passage or amendment, but which would no longer be allowed as a special exception under the terms of this chapter or future amendments thereto, shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district so long as the use is in accordance with all conditions of the special exception.

(Code 1961, § 22-9(9); Code 1985, § 7-644; Ord. No. 5216, § 4, 10-21-03)

The casual, temporary or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.

(Code 1961, § 22-9(10); Code 1985, § 7-645)

(a)

Where any level of government authorized to exercise the power of eminent domain acquires property, either through condemnation or purchase, for a public purpose and:

(1)

Creates a nonconforming use, structure or land, then the use, structure or land shall be determined to be conforming; or

(2)

On which, at the date of adoption of the ordinance from which this chapter is derived or at the time of such acquisition, there existed a nonconforming use or structure, the nonconforming use or structure may be moved, reconstructed or extended into other adjacent lands under the same ownership without losing its rights of nonconformity.

(b)

Regardless of any other provision in this chapter, any structure or use subject to subsection (a), or one similar in character and size, shall be permitted to be constructed on land adjacent to the original site, provided that the area of land used or size of structure shall not exceed in size the original area or size.

(c)

The status of each use, structure or land following such acquisition will be determined by the building official.

(Code 1961, § 22-9(11); Code 1985, § 7-646; Ord. No. 5216, § 5, 10-21-03)

(a)

Notwithstanding any provisions in this article to the contrary, the owner of any real property having thereon a mobile home or travel trailer in nonconforming use status as of May 4, 1973, may substitute for such mobile home or travel trailer a new or different mobile home; provided, however, that no more than one such substitution may be made. A travel trailer shall not be substituted for a travel trailer under the provisions of this section.

(b)

Notwithstanding any provisions in this article to the contrary, the owner of any real property having thereon a mobile home park in nonconforming use status as of January 1 2007, may substitute a new or different mobile home on each existing lot, plot or space, provided, however, that no more than one such substitution on each lot, plot or space may be made. A property owner of the mobile home park shall enter into a site agreement with the city to address the following: number and location of lots, plots or spaces, a general type and size of the replacement mobile homes, parking spaces needed for the replacement mobile homes, traffic patterns for the park, addresses for the existing mobile homes, utilities and other site conditions that may be required by the building official.

(Code 1961, § 22-9(12); Code 1985, § 7-647; Ord. No. 2013-17, § 1, 1-22-13)

Nonconformances in a historic district designated as such under chapter 94 and defined under section 94-103 as "post-2003 nonconformances", shall be governed by section 94-103.

(Ord. No. 5216, § 6, 10-21-03)