The general public, the city commission, and the planning and zoning commission are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except:

(1)

When necessary to preserve property rights established prior to the date these regulations became effective or any future amendments to these regulations become effective as to the property in question, and

(2)

When necessary to promote the general welfare and to protect the character of the surrounding property.

Except as hereinafter specified, any use, building or structure lawfully existing at the time of the enactment of this ordinance may be continued, even though such use, building or structure may not conform with the provisions of this ordinance for the district in which it is located. In addition, any use, building or structure lawfully existing at the time of the enactment of any amendment to this ordinance may be continued, even though such use, building or structure may not conform with the provisions of said amendment to this ordinance for the district in which it is located.

A.

Nonconforming uses continued or changed:

[1.]

The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property.

[2.]

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification, or to a conforming use, provided that such use shall not thereafter be changed to a nonconforming use of less restrictive classification.

B.

Conditional uses: Any use existing on the effective date of this ordinance which is listed as a conditional use in the district where it is located shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this ordinance. If such use is discontinued or abandoned for 30 consecutive days or for 180 days during any three-year period, the use shall meet the requirements of this ordinance and shall obtain a use permit before it is continued.

C.

Alteration of nonconforming uses: No existing building or premises devoted to a use that is not permitted by this ordinance in the district in which such building or premises is located shall be enlarged or altered in a way which quantitatively increases its nonconformity, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and except as follows:

1.

When authorized by the board of adjustment in accordance with the provisions of article XII, the substitution for a nonconforming use of another nonconforming use, or an extension of a nonconforming use, may be made.

2.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

3.

When authorized by the board of adjustment in accordance with the provisions of article XII, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed 25 percent of its area of nonconformity.

4.

When authorized by the board of adjustment in accordance with the provisions of article XII, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date on which such use of said building became nonconforming, if no structural alterations, except those required by law, are made therein.

5.

The provisions of this ordinance shall not apply to prevent the extension of any building existing in any district at the time of the adoption of this ordinance, to the height to which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within two years from the date of the adoption of this ordinance.

D.

Cessation of use of building or land: For the purposes of the succeeding subsections, a use shall be deemed to have ceased when it has been discontinued for 60 consecutive days or for six months during any three-year period whether with the intent to abandon said use or not.

1.

No building or structure which was originally designed for a nonconforming use shall again be put to a nonconforming use, where such use has ceased 60 consecutive days or for six months or more during any three-year period.

2.

No building or structure which was not originally designed for a nonconforming use shall be put to a nonconforming use, where such use has ceased for 60 consecutive days or for six months during any three-year period.

3.

The use of land, structures, and/or buildings involving individual structures with a replacement cost of $1,000.00 or less which does not conform to the provisions of this ordinance shall be discontinued within six months from the enactment of this ordinance. The nonconforming use of land and/or buildings involving individual structures with a replacement cost of $1,000.00 or less which becomes nonconforming by reason of subsequent amendments to this ordinance shall be discontinued within six months from the date of such amendment.

4.

All signs and billboards made nonconforming by this ordinance or amendments thereto shall be removed within two years from the date of adoption of this ordinance or amendments thereto.

5.

All lots used for storage that do not require a building and the use of such lots made nonconforming by this ordinance or amendments thereto shall cease to be used for such storage within six months of the date of adoption of this ordinance or amendments.

E.

Construction approved prior to ordinance: Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and the required building permits were granted before the enactment of this ordinance or any amendment thereto where construction thereof, conforming with such plans, shall have been started prior to the effective date of this ordinance or such amendment, and where such construction shall have been completed in a normal manner within the subsequent 12-months' period, with no interruption, except for reasons beyond the builder's control.

F.

Unsafe buildings, repair of: Nothing in this ordinance shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority, unless such repairs exceed 50 percent of the replacement cost of the building.

G.

Damage or destruction: Any nonconforming structure which is damaged more than 50 percent of its then appraised tax value above the foundation, by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than 50 percent of its then appraised tax value above the foundation, it may be restored, reconstructed, or used as before, provided that such restoration or reconstruction is completed within 12 months of the damaging event, the 12-month period not including any necessary litigation.

H.

Repairs and maintenance:

1.

On any nonconforming structure or portion of a structure containing a nonconforming use, no work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonloadbearing walls, fixture, wiring, or plumbing to an extent exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be.

2.

If 50 percent or more of a nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

I.

Moving of nonconforming structure or building: No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district.

J.

Nonconforming lot sizes: Nothing in this ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot area of the district it is located in, provided that the lot was previously zoned for similar type uses, that the lot was a legal lot prior to the adoption of this ordinance and that the lot has not been rezoned to a different use since the adoption of this ordinance.

(Ord. No. 84-44, § VII, 7-31-84)