Under the terms of this Zoning Code or future amendments hereto, lots, uses of land, and structures or characteristics of use (which were lawful before this Zoning Code was passed or amended), may be prohibited, regulated, or restricted. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. (Ord. 52. Passed 6-16-97.)

   In any district, a permitted use or structure and related accessory structures may be constructed on any single lot of record at the effective date of adoption of this Zoning Code not withstanding limitations imposed by other provisions of this Zoning Code. This provision shall apply even though such lot fails 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 setback requirements shall be obtained only through action of the Zoning Board of Appeals.

(Ord. 52. Passed 6-16-97.)

   Any lot platted or created and recorded prior to the effective date of this Zoning Code that fails to comply with the minimum requirements of the zoning district in which it is located may be sold and/or utilized for uses as authorized by this Zoning Code, provided the lot is not adjacent to other land, property, or lots in similar ownership. Such lot must be in separate ownership and not contiguous with other lots in the same ownership. Landowners must remedy nonconformities by using adjacent land they own. No such nonconforming lot shall be decreased in size by sale or lease of the entire parcel or portions thereof.

(Ord. 52. Passed 6-16-97.)

   Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, 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)   Any such nonconforming structure which has been damaged or destroyed by any means may be reconstructed provided it does not extend beyond the limits of the original foundation or exceed its prior square footage.

   (c)   Should such nonconforming 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.

      (Ord. 52. Passed 6-16-97.)

   Where, at the time of the effective date of adoption or amendment of this Zoning Code, lawful use of land exists or was occupied which would not be permitted by the regulations imposed by this Zoning Code, the use may be continued so long as it remains otherwise lawful, provided:

   (a)   No such nonconforming use shall be modified, enlarged, or increased nor extended to occupy a greater area nor otherwise changed except to make the use less nonconforming or by change to a permitted use.

   (b)   No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that previously occupied.

   (c)   When a nonconforming use is discontinued for any reason for a period of more than 180 days, the use may not thereafter be resumed or used except in conformity with the regulations of the district in which it is located and any subsequent use of such land shall conform with the regulations specified by this Zoning Code.

   (d)   The nonconforming use may be extended through any parts of a building arranged or designed for such use at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy any land outside such building.

   (e)   No additional structure shall be erected in connection with such nonconforming use of land.

   (f)   No nonconforming use may be continued if it has been destroyed by natural or artificial means to an extent determined to be more than one-half its value based on the SEV as recorded in the most recent official tax roll. Nor can it be changed to another nonconforming use. All new or rebuilt structures shall be erected in conformance with the ordinance appropriate to the district in which it is located.

   (g)   The nonconforming use may be changed to another nonconforming use provided the Zoning Board of Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may require appropriate conditions and safeguards.

   (h)   Any nonconforming use which is superseded by a permitted use shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.

      (Ord. 52. Passed 6-16-97.)

   Repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed in or on a nonconforming structure or portion of a structure containing a nonconforming use provided:

   (a)   During any consecutive twelve-month period, extent of repair or replacement shall not exceed ten percent of the current replacement cost of the nonconforming structure.

   (b)   Cubic contents of the structure shall not be increased.

   (c)   If the nonconforming structure or portion of the structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, such structure shall not be restored, repaired, or rebuilt, except in conformity with the current regulations of the district in which it is located. (Ord. 52. Passed 6-16-97.)

   For the purpose of removing nonconforming uses or structures, the City, by purchase, condemnation, or otherwise, may acquire private property on which a nonconforming use or structure is located. (Ord. 52. Passed 6-16-97.)