Within the zoning districts established by this development code and amendments thereof, there may exist: Land parcels, structures, uses or characteristic of uses which were lawful before this code was enacted or amended, but which would be prohibited, regulated or restricted by the enactment of these regulations and the amendment thereof. It is the intent of these regulations to permit any such nonconformities to continue until they are voluntarily removed or discontinued, or removed as required by the adopted development code. It is not however the intent of this section to promote or encourage the survival of nonconformities. It is further intended, that nonconformities shall not be enlarged, expanded, intensified, or be used as grounds for adding other structures or uses prohibited in the zoning district.

Nonconformities existing or development permits issued prior to the effective date of this code or its amendments shall be grandfathered. Existing nonconformities shall be grandfathered until such time that the original cost may be amortized over a reasonable time period as established by normal business and accounting practices. All illegal nonconformities existing on the effective date of this code and any amendment thereof shall remain illegal.

If two (2) or more lots of record, portions of lots of record, or any combination, within the same ownership and having continuous frontage along the same street or right-of-way are of record as of the effective date of enactment or amendment and if all or part of said lots, portions of lots or combinations thereof do not meet the applicable area and/or width requirements, the said lots, portions of lots or combinations there of shall be subject to the following provisions:

(1)

If lots, portions of lots or combination thereof are occupied by one (1) or more structures and/or uses, the community development director shall determine and establish the effective allocation of the total land parcel to the structures and/or uses in a manner to provide for the maximum degree of compliance with all applicable requirements. The determined allocation shall constitute the land to be utilized for the existing individual structures and/or uses in the administration and enforcement of this code.

(2)

If lots, portions of lots or combination thereof are vacant, the lands involved shall be considered to be an undivided parcel and no portion of the parcel shall be used or transferred in ownership so as to diminish the degree of compliance with applicable area and/or width requirements; nor shall any division of any said parcel be made which creates a land parcel having an area and/or width not meeting the applicable land development regulations.

In the administration and enforcement of the provisions of this section, the burden of proof relating to ownership as of the effective date of enactment or amendment thereof shall lie with the owner or owners of the affected property. If violations of the provisions of the city development code are found to exist, irrespective of the elapsed time period following the date of the violation, no development permit of any type shall be issued by the city for the entirety or any portion of the affected property while the violation continues to exist, and the remedies therefore shall lie solely among the affected property owners or their successor in title.

A nonconforming use shall not be enlarged upon, extended, intensified, expanded or moved so as to utilize any other portion of the lot or parcel it occupies; nor shall any nonconforming characteristic or use be changed so as to increase the degree of nonconforming with the applicable requirements.

A building or structure constructed in a nonconforming manner or containing a nonconforming use shall not be altered in any manner. Repairs shall be only those reasonably required to maintain the building or structure in a safe and usable conditions and/or to conform with the applicable codes of the city.

When a nonconforming use of land, building or structure ceases for any reason, except where government action impedes access to the premises or in adherence to good agricultural practices, for one hundred eighty (180) days, the nonconforming use shall not be re-established and subsequent use shall conform to the requirements of the city's Development code. However, if prior to the expiration of the one hundred eighty (180) day period, written application is made to the city commission for a change to another nonconforming use of the same character, or to a more restricted but nonconforming use, a change to another nonconforming use may be permitted, subject to the following provisions:

(1)

The city commission shall find the proposed use is equally or more appropriate to the zoning district than the existing or discontinued nonconforming use and that any adverse effects upon the neighboring properties and residents will not be greater than those created by the existing or discontinued nonconforming use.

(2)

In approving any said change, the city commission shall be authorized to impose appropriate conditions and safeguards in accordance with the intent and purpose of the development code.

When a building(s) or structure(s) having a nonconforming use is removed from the premises, is destructed, or is destroyed to an extent equal to fifty (50) percent or greater of the replacement cost, the nonconforming status applying to said building(s) or structure(s) and for premises shall cease, and both the use of the premises and any building(s) or structure(s) erected or maintained there on shall conform in all respect to the code.

A nonconforming use shall not be continued if by reason of odors, noxious fumes, smoke, noise or a determination by a health official that unhealthy conditions exist and present a nuisance or health concern to residents of adjoining lands.

Changes in ownership, tenancy or management of land, building or structures involving nonconformities are allowed, provided that all provisions and requirements controlling nonconforming uses and structures apply fully without respect to any change of ownership tenancy or management.

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

The existence of a nonconforming land parcel, building, structure, use or characteristic of use shall not constitute grounds for the obtainment of a variance to established nonconformities, either within the same zoning district or within a zoning district elsewhere in the city.