A.

Any lawfully established use of a building or land, on the effective date of the ordinance codified in this title or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this chapter.

B.

Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted in this chapter.

C.

Any building for which a permit has been lawfully granted prior to the effective date of the ordinance codified in this title or of amendments thereto, may be completed in accordance with the approved plans, provided construction is started within ninety days and diligently prosecuted to completion. Such buildings shall thereafter be deemed a lawfully established building.

(Ord. 280 § 5.01, 1968.)

A.

Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for prior nonconforming use.

B.

Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of twelve consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

C.

Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

D.

A nonconforming use not authorized by the provisions of the zoning ordinance in effect at the time the amendatory ordinance codified in this title became effective shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located.

(Ord. 280 § 5.02, 1968.)

The nonconforming use of any building, structure or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use thereof only if such other use is permitted by a special use permit as authorized in Chapter 17.54.

(Ord. 280 § 5.03, 1968.)

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date of the ordinance codified in this title or amendment thereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below:

A.

Any nonconforming use of building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) on the effective date of the ordinance codified in this title shall be removed after two (2) years.

B.

Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building shall be removed after a period of two (2) years.

C.

All nonconforming signs, billboards and outdoor advertising structures shall be removed after a period of two (2) years.

D.

Any nonconforming mobile homes shall be removed after a period of five (5) years.

E.

Any nonconforming business or manufacturing building or structure shall be removed after a period of ten (10) years.

(Ord. 280 § 5.04, 1968.)

A.

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

B.

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

1.

When the alteration is required by law;

2.

When the alteration will actually result in eliminating the nonconforming use;

3.

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building;

4.

When the plan commission has considered and the city council has approved the proposed structural alteration as provided in subsection B of Section 17.40.070.

(Ord. 578 § 1, 1976; Ord. 280 § 5.05, 1968.)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located, unless the plan commission has considered and the city council has approved the proposed rebuilding or restoration as provided in subsection B of Section 17.40.070. In the event the damage or destruction is less than fifty (50) percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.

(Ord. 578 § 2, 1976: Ord. 280 § 5.06, 1968.)

A.

Except as provided in subsection B of this section:

1.

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.

2.

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

3.

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of the ordinance codified in this title, or to displace any conforming use in the same building or on the same parcel.

4.

A building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk regulated in this title shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.

B.

An owner or user of a legal nonconforming use who wishes to make any structural alteration, rebuilding, restoration, replacement, addition or enlargement, of any buildings or use other than specifically permitted in this title may petition the city council for permission to make such changes. The city council shall grant or deny such permission only in accordance with the procedures of this title applicable to amendments. No permission for such changes shall be granted by the city council until after a public hearing has been held by the plan commission, after due public notice by publication as prescribed in this title for amendments, and the findings have been forwarded to the city council by the plan commission. The plan commission may recommend such conditions and restrictions as may be deemed necessary by it to protect the public interest.

(Ord. 578 § 3, 1976: Ord. 280 § 5.07, 1968.)

Whenever the boundaries of a use district are changed so as to transfer an area from one use district to another use district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein.

(Ord. 280 § 5.08, 1968.)

Wherever a lawfully existing building or other structure otherwise conforms to the use regulations in this title but is nonconforming only in the particular manner specified in this section, the building and use thereof shall be exempt from the requirements of Sections 17.40.040 and 17.40.050:

A.

In any residential district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein;

B.

In any R-4 district, where a use permitted in the B-1 district occupies ground floor space within a multiple-family dwelling located on a corner lot;

C.

In any business or manufacturing district, where the use is less distant from a residential district than that specified in the regulation for the district in which it is located;

D.

In any district, where an established building, structure or use is nonconforming with respect to the standards prescribed in this title for any of the following:

1.

Floor area ratio,

2.

Yards, front, side, rear or transitional,

3.

Off-street parking or loading,

4.

Building height,

5.

Gross floor area.

(Ord. 280 § 5.09, 1968.)

Any nonconforming use may be made a special use by the granting of a special use permit, as authorized in Chapter 17.54.

(Ord. 280 § 5.10, 1968.)