The lawful use of any building, structure or land existing at the time of the enactment of the provision in this title may be continued although such use does not conform with the provisions of this chapter, provided the conditions of this chapter are met. (Ord. 1204, 2002: prior code § 11-4-1(A))

Any single-family structure, located in any district that was in use as a single-family residence at the time of adoption or amendment to this chapter, and which has continued as a residential use, shall not be considered to be a nonconforming use but shall be considered a special use until such time that the residential use is replaced with another approved use. A single-family residential structure, granted special use status, shall have the same privileges as a permitted residential structure and may be replaced/remodeled if a building permit has been obtained, and as long as the setbacks can be met or a variance is granted. Upon a change in use, to commercial or industrial, the residential structure shall not be changed back to a residential use unless a conditional use permit has been approved through following the public hearing process. A change in use shall not be considered to have occurred until the structure has actually been converted to a nonresidential use. (Ord. 1392, 2015)

Nothing in this title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority. (Ord. 1204, 2002: prior code § 11-4-1(A)(1))

A nonconforming building or structure may be altered, improved, or reconstructed provided such work is not to an extent exceeding in aggregate cost sixty percent (60%) of the assessed value of the building or structure, unless the building or structure is changed to a conforming use. (Ord. 1204, 2002: prior code § 11-4-1(A)(2))

A nonconforming use shall not be extended, but the extensions of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of the provisions in this title shall not be deemed the extension of such nonconforming use. (Ord. 1204, 2002: prior code § 11-4-1(A)(3))

No nonconforming building, structure or use shall be changed to another nonconforming use. (Ord. 1204, 2002: prior code § 11-4-1(A)(4))

   A.   Nothing in this title shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, subsequent to the effective date of the provisions codified in this chapter, wherein the expense of such work does not exceed sixty percent (60%) of the actual value of the building or structure at the time such damage occurred. Provided, however, in the case of a residential property in a nonresidential zone, if the structure can be rebuilt on exactly the same footprint as the damaged building, then reconstruction of the dwelling shall be allowed provided the rebuilt structure conforms to all current building and fire codes. Provided further, in the case of damage exceeding sixty percent (60%) of the value of a residential dwelling which is located in a commercially zoned area, where the structure cannot be rebuilt on exactly the same footprint, the owner shall be allowed to rebuild the structure provided the rebuilt/replacement structure complies with the most current residential setback requirements and the building permit is applied for and construction commences within one year of the damage.

      1.   In the event the planning administrator, or a designee, finds that:

         a.   Commercial or industrial uses have developed or are developing in the zone, and

         b.   A majority of the abutting property owners or their representatives are opposed to a continuation of the use of the structure as a principal residence then a rebuild permit shall not be issued without a public hearing before the city council.

         c.   When requesting a permit for a rebuild or if seeking a rebuild letter, an applicant shall supply the administrator with written statements from the abutting property owners or their representatives which indicate whether the abutting landowners oppose or favor the request. (Ord. 1412, 2016)

Nothing in this title shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof, existing at the effective date of the provisions in this title, rendered necessary by wear and tear, deterioration or depreciation; provided, that the cost of such work shall not exceed twenty five percent (25%) of the assessed value of such building or structure at the time such work is done, nor shall it prevent compliance with the provisions of this code. (Ord. 1204, 2002: prior code § 11-4-1(A)(7))

A nonconforming use of any building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:

   A.   When the intent of the owner to discontinue the use is apparent; or

   B.   When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year, unless other facts show intention to resume the nonconforming use; or

   C.   When it has been replaced by a conforming use; or

   D.   When it has been changed to another use under permit from the planning and zoning commission; or

   E.   When the use has been discontinued for a period of ninety (90) days. (Ord. 1204, 2002: prior code § 11-4-1(A)(8))

No nonconforming use shall be extended to displace a conforming use. (Ord. 1204, 2002: prior code § 11-4-1(A)(9))

No junkyard or automobile wrecking yard not within an enclosed masonry building and not within a heavy industrial or unrestricted industrial district shall be operated or maintained for more than six (6) months after a zoning change to a use district within which such yard is not permitted; except, that in a light industrial district, where the planning and zoning commission determines that it is impractical to roof over a large area containing junk material or an automobile wrecking yard, the commission may permit the construction around such area of a seven foot (7') high masonry wall or substantial sightly tight or semitight fence, whichever in its opinion is the more appropriate in the surroundings of the property, and may then permit, for a specified time, the continued use of such property for such purposes. (Ord. 1204, 2002: prior code § 11-4-1(A)(10))

Nothing in this title shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the provisions of this title. (Ord. 1204, 2002: prior code § 11-4-1(A)(11))

Whenever the boundaries of a district are changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein. (Ord. 1204, 2002: prior code § 11-4-1(A))

   A.   The council may, from time to time, on its own motion, or on petition or on recommendation of the planning commission, amend, supplement or repeal the regulations and provisions of this title.

   B.   Every such proposed amendment or change, whether initiated by the council or by petition, shall be referred to the planning commission for a report thereon before the public hearing provided for in subsection C of this section.

   C.   The council shall fix the time and place of a public hearing on proposed amendments and cause notice to be published not less than fifteen (15) days prior to the hearing in the newspaper of general circulation within the city. The notice shall state the general nature of the proposed amendments.

   D.   An amendment or rezoning may be initiated by a petition of interested property owners for rezoning of any land to a less restricted district; provided, that said land is adjacent to or directly across a street or alley from property which is already zoned the same or less restricted zone as that to which said property is proposed to be zoned. (Ord. 1204, 2002)