A.

Within the districts established by this title or amendments that may later be adopted there exist (1) lots, (2) structures, (3) uses of land and structures, (4) characteristics of use, and (5) signs, which were lawful before this title was passed or, amended, but which, would be prohibited, regulated or restricted under the terms of this title or future amendment. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

B.

Nonconforming uses are declared by these regulations to be incompatible with permitted uses in the districts involved. A nonconforming use of structure, a nonconforming use of land, or a nonconforming use of land and structure in combination shall not be extended or enlarged after passage of the ordinance codified in this title by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

C.

To avoid undue hardship, nothing in this title 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 this adoption or amendment of the ordinance codified in this title and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently.

(Prior code § 14.1501)

A.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this title; notwithstanding limitations imposed by other provisions of this title. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the city council.

B.

In any district, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership and of record at the time of passage or amendment of the ordinance codified in this title, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below requirements stated in this title.

(Prior code § 14.1502)

A.

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied the effective date of adoption or amendment of this title.

B.

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

C.

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

D.

No additional structure not conforming to the requirement of this title shall be erected in connection with such nonconforming use of land.

(Prior code § 14.1503)

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

A.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

B.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent of its (reasonable fair market value) (replacement cost) at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

C.

Should such 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.

D.

Notwithstanding, if the property be damaged by fire or other natural disaster, the owner of the property may rebuild or repair the property to its prior condition or improve same and continue to use the property as a new nonconforming use property providing that the rebuilding or repair is completed within twenty-four months from the date of the fire or natural disaster.

(Ord. 9-91; prior code § 14.1503)

A.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent of the current (reasonable fair market value) (replacement cost) of the nonconforming structure of 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 lack of repairs and maintenance, and is declared by any 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 regulations of the district in which it is located.

C.

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Prior code § 14.1504)

Any use which is permitted as a conditional use in a district under the terms of this title (other than a change through city council action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use at the date of adoption of this title.

(Prior code § 14.1505)