It is the purpose of this article to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. The zoning ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this article that all nonconforming uses shall be eventually brought into conformity.

(Ord. No. 663, § 2, 10-18-10)

(a)

Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date except as specified in this article, as amended.

(b)

Nothing in this chapter shall prevent the placing of a structure in safe condition when such structure is declared unsafe by the building official, provided the necessary repairs shall not constitute more than 50 percent of fair market value of such structure. Such value shall be determined by the building official.

(c)

No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which such building, structure or use was constructed or was conducted at the time of this chapter's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this chapter.

(d)

When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(e)

A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

(f)

Continued use of nonconformities. Nonconforming buildings, uses, and structures may be continued provided:

(1)

Subject to the requirements in subsection (f)(2), any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the use is discontinued for one year or more, in which case the property shall be put to a use fully conforming to the zoning regulations. If a nonconforming building, structure, or use is damaged or destroyed, said building may be repaired, replaced, restored, maintained, or improved, but not expanded, provided a building permit is applied for within 180 days of the date of said damage or destruction, and such repair, replacement, restoration, maintenance, or improvement is completed within one year of the date of the damage, except that the city shall require any building, structure, or use to be repaired, restored, maintained, or improved only in a manner that will comply with any requirements for eligibility in the National Flood Insurance Program and which will not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

(2)

Notwithstanding the allowances of subsection (f)(1), if at any time a nonconforming building, structure, or use shall be damaged or destroyed to the extent of more than 50 percent of its fair market value, such value to be determined by the building official, and either no building permit has been applied for to repair, replace, restore, maintain, or improve such structure within 180 days of the date of said damage or destruction, or such repair, replacement, restoration, maintenance, or improvement has not been completed within one year of such damage or destruction, then, without further action by the council, the building and the land on which such building was located or maintained shall, from and after the date of such destruction, be subject to all the regulations specified by this chapter for the district in which such land and buildings are located. Any building which is damaged to an extent of less than 50 percent of its fair market value may be restored to its former extent if it is reconstructed within 12 months after the date of such damage. Estimate of the extent of damage or destruction shall be made by the building official.

(g)

Whenever a lawful nonconforming use of a structure or land is discontinued for a period of one year following written notice from an authorized agent of the city, any future use of such structure or lands shall be made to conform with the provisions of this chapter. When documented evidence exists that a use was discontinued for a period of time prior to the written notice, the duration of time in the notice may be reduced to one year total from the discontinuance of the use provided the period of time is not less than six months.

(h)

Any nonconforming use of land not involving a structure, and any nonconforming use involving a building or structure with an assessed valuation upon the effective date of this chapter of $1,000.00 or less, may be continued for a period of 36 months after the effective date of this chapter, whereupon such nonconforming use shall cease.

(i)

Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.

(j)

Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building.

(k)

Nonconforming, non-income-producing single family residential units may be expanded to improve livability as a conditional use as regulated by section 74-93, provided the expansion is conforming to the performance standards in the zoning district.

(l)

Any proposed structure which will, under this chapter, become nonconforming, but for which a building permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans, provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. Such structure and use shall thereafter be a legally nonconforming structure and use.

(Ord. No. 663, § 2, 10-18-10; Ord. No. 762, § 1, 1-17-23)