501.1.

Statement of intent. Within the various districts established by this chapter or its amendments there exist structures and uses of land with or without nonconforming structures which were lawful or vested nonconforming uses prior to the adoption of this chapter or its amendments, but which would be prohibited, regulated or restricted under the provisions of this chapter. It is the intent of this ordinance to permit these nonconformities to continue even though they are incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. However, it is the general intent to restrict non-conforming use and prohibit indefinite prolongation of the life of any nonconforming structure or use so that ultimately uniformity will prevail.

501.2.

Nonconforming uses of land. The lawful use of land upon which no building or structure is erected or constructed, which is a vested nonconforming use under this and prior zoning ordinances as adopted or amended, or which becomes nonconforming under the ordinances as adopted or amended, may be continued so long as such use remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel.

(3)

No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.

(4)

If any such nonconforming use of land ceases for any reason for a period of more than six months, as determined by the administrative officer, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.

501.3.

Nonconforming uses of structures. If a lawful use of vested nonconforming use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not allowed in the district under the terms of this ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted entirely or in part to a use not permitted by this ordinance in the district in which it is located, shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in this district in which structure is located.

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time it became nonconforming. No such use shall be extended to any land outside such building.

(3)

If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature or a more restricted use. Whenever the nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

(4)

In the event that a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall terminate the authorization for the nonconforming use of the land.

501.4.

Nonconforming structures. Where a structure is nonconforming by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

That it is not enlarged or altered in a way which increases its nonconformity;

(2)

Nothing in this ordinance shall be deemed to prevent the restoration of a building destroyed to the extent of not more than 65 percent of its reasonable value by casualty;

(3)

Any existing residences located in a nonresidential district are exempt provided they meet all residential district requirements.

501.5.

Maintenance and repair to nonconforming structures. Nothing in this section shall prohibit the maintenance and repair of nonconforming structures to keep such a structure in safe and sound condition, provided that no structural enlargement, extension, alteration or change shall be made to increase the degree of nonconformity.

501.6.

No purchaser of a nonconforming property may claim unnecessary hardship.

501.7.

The foregoing provision shall also apply to non-conforming uses in districts hereafter changed.

501.8.

Nothing contained in this ordinance shall be construed as permitting or justifying a non-conforming use which was in violation of any zoning ordinance of the City of Oelwein, Iowa, in effect prior to the adoption of this ordinance. The non-conforming uses defined in this ordinance shall consist of only such non-conforming uses which existed prior to the adoption of Ordinance No. 456 passed and adopted by the City of Oelwein on November 9, 1970.