Nonconformities are of three types: nonconforming lots of record, nonconforming structures, and nonconforming uses. A definition of each type is as follows:

(a)

Nonconforming Lot of Record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the original adoption of zoning and/or subdivision regulations in the city and said lot does not comply with the lot width or area requirements in the district in which it is located;

(b)

Nonconforming Structure. An existing structure which does not comply with the lot coverage, height, area or yard requirements which are applicable to new structures in the zoning district in which it is located;

(c)

Nonconforming Use. An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

A building permit may be issued for any nonconforming lot of record provided that:

(a)

Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

(b)

Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by any zoning regulations; and

(c)

Said lot can meet all yard regulations for the district in which it is located.

(a)

Authority to Continue. Any nonconforming structure which does not comply with the applicable intensity of use regulations and/or the applicable yard area, and height regulations, may be continued, so long as it remains otherwise lawful.

(b)

Enlargement, Repair and Maintenance. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure.

(c)

Damage, Destruction or Demolition. In the event that any nonconforming structure is damaged, destroyed or demolished, by any means, to the extent of more than 50 percent of its fair market value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained within six months, and restoration is actually begun one year after the date of such partial destruction and is diligently pursued to completion.

(d)

Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(a)

Authority to Continue. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful and so long as it is not specified to be terminated by these regulations.

(b)

Ordinary Repair and Maintenance.

(1)

Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

(2)

Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such a structure to be unsafe and orders its restoration to a safe condition.

(c)

Extension. A nonconforming use shall not be extended, expanded, enlarged, or increased.

(d)

Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

(e)

Damage or Destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged, destroyed and demolished, by any means, to the extent of more that 50 percent of fair market value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(f)

Moving. No structure that is devoted in whole or in part to a nonconforming use and no nonconforming use of land shall be moved in whole or in part for any distance whatever, to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

(g)

Change in Use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use by approval of a special use permit application, provided that the planning commission and city council shall find that the proposed use is as appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission, may require conditions and safeguards to protect surrounding areas and properties. Once such use has changed, it may no longer be returned to the original use or any other less appropriate use.

(h)

Abandonment or Discontinuance. When a nonconforming use is discontinued or abandoned, for a period of six months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land or buildings shall comply with the regulations of the zoning district in which such land or buildings are located.

(i)

Nonconforming Accessory Uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(a)

Status of Existing Uses. Where a use exists at the effective date of these regulations and is permitted by these regulations only as a special use or conditional use permit in the zoning district in which it is located, such use shall be deemed to be a nonconforming use. Such use shall not be enlarged or expanded unless an application for a special use or conditional use permit whichever is appropriate set out in chapter 19.28 and 19.30 of these regulations.

(b)

Status of Approved Special Use and Conditional Use Permits. Any use for which a special use or conditional use permit has been issued, as provided in these regulations, shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use.