Within the districts established by this chapter or amendments hereto which may later be adopted, there may exist: Land parcels; structures; uses; or characteristics of uses which were lawful before this chapter was enacted or amended, but which would be prohibited, regulated, or restricted by this chapter as enacted or amended. It is the intent of this chapter to permit those nonconformities to continue until they are voluntarily removed or removed as required by this chapter, but not to promote or encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, intensified, extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 98-84, § 1, 3-22-99)

Irrespective of other provisions of this chapter, a nonconforming use shall not be continued if, by reason of odors, noxious fumes, smoke, noise or otherwise, it becomes a nuisance to residents of adjoining lands.

(Ord. No. 98-84, § 1, 3-22-99)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of enactment or amendment of this chapter and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and the fastening thereof in a permanent position and the fastening thereof in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently until the completion of the new construction involved.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

If two (2) or more lots of record, portions of lots of record, or any combination thereof, within the same ownership and having continuous frontage on the same street are of record as of the effective date of enactment or a relevant amendment of this chapter, and if all or part of those lots, portions of lots, or combinations thereof do not meet the applicable area or width requirements of this chapter, those lots, portions of lots, or combination thereof shall be subject to the following provisions:

(1)

Where those lots, portions of lots, or combination thereof are occupied by one (1) or more structures or uses, the Zoning Administrator shall determine and establish the effective allocation of the total land parcel to the structures or uses in a manner as to provide for the maximum degree of compliance with all applicable requirements of this chapter, and allocation shall thereafter constitute the land to be utilized for the existing individual structures or uses in the administration and enforcement of this chapter.

(2)

Where those lots, portions of lots, or combinations thereof are vacant, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of that parcel shall be used or transferred in ownership so as to diminish the degree of compliance with the applicable area or width requirements of this chapter; nor shall any division of any parcel by made which creates a land parcel having an area or width not meeting the applicable requirements of this chapter.

(B)

In the administration and enforcement of the provisions of this section, burden of proof relating ownership as of the effective date of enactment or relevant amendment of this chapter shall lie with the owner of the affected property. Where a violation of the provisions of this section is 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 therefor shall lie solely among the affected property owners or their successors in title.

(Ord. No. 98-84, § 1, 3-22-99)

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 of use be changed so as to increase the degree of nonconformity with the applicable requirements of this chapter.

(Ord. No. 98-84, § 1, 3-22-99)

A building or structure constituted in a nonconforming manner or devoted to a nonconforming use shall not be altered in any manner. Repairs shall be only those reasonably required to maintain any building or structure in a usable condition or to conform with the applicable Codes of the City.

(Ord. No. 98-84, § 1, 3-22-99)

Whenever a nonconforming use of land or a nonconforming use of a building or structure ceases for any reason (except where governmental action impedes access to the premises) for a period of six (6) months or more, these nonconforming uses shall not thereafter be reestablished and the subsequent use shall conform to the requirements of this chapter. However, if prior to the expiration of the six-month period, proper application is made to the City Council for 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:

(A)

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

(B)

In approving any change, the City Council shall be authorized to impose appropriate conditions and safeguards in accordance with the intent and purpose of this chapter.

(Ord. No. 98-84, § 1, 3-22-99)

When any building or structure having nonconforming status or containing a nonconforming use is removed from the premises, is destructed, or is otherwise destroyed to an extent equal to or exceeding fifty (50%) percent of the replacement cost the nonconforming status applying to that building, structure, or premise shall cease, and both the use of the premise and any building or structure erected or maintained thereon shall conform in all respects to the regulations and requirements of this chapter.

(Ord. No. 98-84, § 1, 3-22-99)

There may be a change in ownership, tenancy, or management of land, buildings, or structures involving nonconformities, provided that all provisions and requirements of this subchapter shall apply fully without respect to any change of ownership, tenancy, or management.

(Ord. No. 98-84, § 1, 3-22-99)

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 that use.

(Ord. No. 98-84, § 1, 3-22-99)

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 establish additional nonconformities, either within the same zoning district or within a zoning district applying elsewhere in the City.

(Ord. No. 98-84, § 1, 3-22-99)

The foregoing provisions of this subchapter are intended to apply to nonconforming uses and lots and not intended to apply to nonconforming buildings and structures existing at the effective date of this chapter which do not meet the regulations of this chapter for building coverage, living area, yard requirements, or other similar dimensional requirements. Any additions, extensions, or alterations to such existing buildings or structures shall comply with applicable provisions of this chapter.

(Ord. No. 98-84, § 1, 3-22-99)