(A)   This chapter and the districts herein, or any later amendments, may create situations where structures, buildings or uses of the land previously permitted may become prohibited, regulated or otherwise restricted. It is the intent of this chapter to permit the continuance of these nonconforming structures or uses until they are removed, but not to encourage their survival. These uses are declared by this chapter to be incompatible with the permitted uses in the districts involved.

   (B)   An existing building or premises devoted to a use not permitted by this chapter in the district in which the building or premises is located, shall not be enlarged upon, extended, reconstructed or structurally altered, nor shall it be used as grounds for adding other buildings or structures prohibited elsewhere in the same district, except when required to do so by law or ordinance, unless the use is changed to one permitted in the district in which the building or structure or land is located.

   (C)   A nonconforming use of a building may be replaced with another nonconforming use, provided no structural alterations are made.

   (D)   No change from one nonconforming to another shall be made without first applying to and receiving a permit from the Planning Commission to make the change, except as defined in division (E) below.

   (E)   A nonconforming use may be changed to a more conforming use at any time.

   (F)   Whenever a nonconforming use has been changed to a conforming use, the use shall not thereafter be changed to a less conforming use.

   (G)   The extension or addition of a lawful use to any portion of a nonconforming building or structure or land shall not be deemed as the extension of the nonconforming use.

   (H)   Where nonconforming status applies to a building or structure, the removal or destruction of same shall eliminate the nonconforming status of land.

   (I)   If a building or structure is 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 removed.

   (J)   All uses which lawfully exist on the effective date of this chapter and are classified as a conditional use by this chapter for the district in which they are located shall be considered lawful conditional uses.

   (K)   Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this subchapter shall also apply to any nonconforming uses developing as a result of that action.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   A single-family dwelling and customary accessory buildings, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails 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)   Variance of area, width, and yard requirements shall be obtained only through action of the Board of Adjustment.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   To avoid undue hardship, nothing in this chapter shall require a change in the plans construction or designated use of any building or structure provided that the following apply.

   (A)   A building permit has been issued within 60 days prior to the adoption of this chapter.

   (B)   That the construction is continuous of which shall have commenced within 30 days after the adoption of this chapter.

   (C)   That the construction is continuous until the building or structure is completed.

   (D)   ACTUAL CONSTRUCTION is defined to include the placing of construction materials in permanent position; except where demolition or removal of an existing building or structure has commenced preparatory to construction, the demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building or structure involved.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 50% of the replacement value of the building or structure at the time the work is done, nor prevent compliance with the provisions of the City Building Code or City Housing Code relative to the maintenance of buildings or structures; provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

   (B)   Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by flood, fire, collapse, explosion, or Acts of God, subsequent to the date of this chapter, wherein the expense of the work does not exceed 50% of the replacement cost of the building or structure at the time the damage occurred. However, the Board of Adjustment may issue a conditional use permit for reconstruction it the use is located outside the floodway and, upon reconstruction, is adequately floodproofed, elevated, or otherwise protected in conformity with Chapter 153, Floodplain Management.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   (B)   A nonconforming use shall be considered discontinued when the following apply.

      (1)   When the intent of the owner to discontinue the use is apparent.

      (2)   When the characteristic equipment and the furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts indicate the intention to resume the nonconforming use.

      (3)   When it has been replaced by a conforming use.

      (4)   Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

      (5)   Nonconforming uses located in the floodway portion of the Floodplain District shall be eliminated or brought into conformity with the standards contained in Chapter 153, Floodplain Management, within a reasonable period of time as determined by the Board of Adjustment, after a hearing for each nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of the nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this chapter, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this chapter.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   Junk or salvage yards not within an enclosed masonry building, and not within an Industrial District, shall not be operated or maintained for more than 12 months after a zoning change to a use district within which the yard is not permitted, except where the Board of Adjustment determines that it is impractical to roof over a large area containing junk or salvage material, the Board may permit the construction around the area of a fence, screen planting or other device of such height as to completely screen the operation, and may then permit the continued use of the property for that purpose for a specified period.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   Upon the effective date of this chapter the Zoning Administrator shall issue a certificate of nonconforming use to all owners of property, the use of which does not conform to the provisions of the use zone in which the property is located. It shall be the responsibility of the individual property owner to contact the Zoning Administrator in cases where his or her property or use thereof shall be made nonconforming; contact shall be made within 30 days after passage of this chapter.

   (B)   In accordance with the provisions of this subchapter, no use of land, buildings or structures shall be made other than that specified on the certificate of nonconforming use, unless the use shall be in conformity with the provisions of the use zone on which the property is located.

   (C)   A copy of each certificate of nonconforming use shall be filed with the office of the Zoning Administrator. No permit or license shall be issued to any property for which a certificate of nonconforming use has been issued until the permit or license has been approved by the Planning Commission.

   (D)   Any alteration or addition to any nonconforming use which would result in increasing its flood damage potential shall be protected in accordance with Chapter 153, Floodplain Management.

   (E)   The Zoning Administrator shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with Chapter 153, Floodplain Management. He or she shall present the list to the Board of Adjustments, which may issue a certificate to the owner stating that the uses as a result of these corrective measures are in conformity with the provisions of this chapter.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become nonconforming uses, and shall be subject to all provisions of this chapter concerning nonconforming use.

   (B)   Business signs on the premises of a nonconforming building or use may be continued, but the signs shall not be increased in number, area, height or illumination.

   (C)   No sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter, except as provided in § 155.233.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99