Any lawful use of the land or buildings existing at the date of passage of this chapter and located in a district in which it would not be permitted as a new use under the regulations of this chapter is declared to be a “nonconforming use” and not in violation of this chapter; provided, however, that, a nonconforming use shall be subject to and the owner comply with, the regulations in this article.

(Ord. 188, eff. 2-25-1981)

   Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter and where the use involves no individual structure with an assessed value exceeding $500, the use may be continued so long as it remains otherwise lawful; provided:

   A.   No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;

   B.   No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this chapter;

   C.   If any nonconforming use of land ceases for any reason for a period of more than one year, the land shall conform to the regulations specified by this chapter for the district in which the land is located; and

   D.   No additional structure not conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.

(Ord. 188, eff. 2-25-1981)

   If lawful use involving individual structures with an assessed value of $500 or more or of structure premises in combination, exists at the effective date of adoption of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

   A.   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to use permitted in the district in which it is located.

   B.   If any nonconforming use of a structure ceases for any reason for a period of more than six months, the use shall conform to the regulations specified by this chapter for the district in which the use is located.

   C.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter, but no use shall be extended to occupy any land outside the building.

   D.   If no structural alterations are made, any nonconforming use of a structure or structure and premises, may be changed to another nonconforming use; provided that, the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.

   E.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the nonconforming status of land.

(Ord. 188, eff. 2-25-1981)

   Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restriction on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, the structures may be continued so long as it remains otherwise lawful, subject to the following provisions.

   A.   No structure may be enlarged, altered or rebuilt in a way which increases its nonconformity. The structures may be enlarged, altered or rebuilt in a way which does not increase its nonconformity.

   B.   Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   C.   In the event any nonconforming building or structure shall be damaged by fire, wind or an act of God or the public enemy, the same shall be permitted to be rebuilt provided it does not in crease its nonconformity.

(Ord. 188, eff. 2-25-1981)

   A.   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though the lots fail to meet the requirements for area or width or both, that are generally applicable in the district; provided that, yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.

   B.   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of the parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot width or area below the requirements stated in this chapter.

(Ord. 188, eff. 2-25-1981)

   A.   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 25% of the state equalized valuation of the nonconforming structure or nonconforming portion of the structure as the case may be; provided that, the cubic content existing when it became nonconforming shall not be increased.

   B.   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to a lack of repairs and maintenance or due to the presence of hazardous materials in a quantity which is or may become injurious to the public health, safety or welfare or the environment and is declared by the Building Inspector to be unsafe or unlawful because of its physical condition or the presence of hazardous materials, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located. Further, any nonconforming structure or portion of a structure containing a nonconforming use which is declared unsafe or unlawful, as provided by this section, is declared a nuisance per se, subject to abatement by a court of competent jurisdiction.

(Ord. 188, eff. 2-25-1981)

   Nothing in this chapter shall prevent the reconstruction, repair or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God or acts of public enemy, subsequent to the effective date of this chapter, wherein the expense of the reconstruction does not exceed 50% of the state equalized valuation of the entire building or structure at the time the damage occurred; provided that, the restoration and resumption shall take place within six months of the time of the damage and that it be completed within one year from time of the damage; and, provided further that, the use be identical with nonconforming use permitted and in effect directly preceding the damage. Where pending insurance claims require an extension of time, the Building Inspector may grant a time extension; provided that, the property owner submit a certification from the insurance company attesting to the delay. Until a time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises.

(Ord. 188, eff. 2-25-1981)

   No nonconforming building or structure shall be moved in whole or in part to another location unless the building or structure and the off-street parking spaces, yard and other open spaces provided are made to conform to all the regulations of the district in which the building or structure is to be located.

(Ord. 188, eff. 2-25-1981)

   A.   1.   At any time after the adoption of this chapter should the city become aware of a nonconforming use, the owner of the nonconforming use shall be notified by the City Clerk of the provisions of this section and that his or her property constitutes a nonconforming use. Within 30 days after receipt of the notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application for the certificate shall designate the location, nature and extent of the nonconforming use and other details as may be necessary for the issuance of the certificate of occupancy.

      2.   If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is declared to be in violation of this chapter. The City Clerk and the City Attorney shall take appropriate action to enjoin the violation.

   B.   If the Building Inspector shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or if he or she finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Building Code or this chapter in effect at the time of construction or alteration, he or she shall not issue the certificate of occupancy, but shall declare the use to be in violation of this chapter.

   C.   After the adoption of this chapter or any amendments thereto, the Building Inspector shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures, including tents and trailer coaches, existing at the time of the ordinance or amendment. The record shall contain the names and addresses of the owners of record of the nonconforming use and of any occupant, other than the owner, the legal description of the land and the nature and extent of use. The list shall be available at all times in the office of the City Clerk.

(Ord. 188, eff. 2-25-1981)

   In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of the filing, but not with the regulations of this chapter, and where a building permit for the building or structure has been issued and construction work started at the effective date of this chapter, the work may proceed, provided it is completed within one year of the date.

(Ord. 188, eff. 2-25-1981)