It is the intent of this chapter and of the city council to permit and allow nonconforming uses to continue until they are removed or terminated.

(Ord. 1229, 4-21-2010)

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 adoption or amendment hereof and upon which a valid building permit exists.

(Ord. 716, 7-21-1980)

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Nonconforming Use Change: Any nonconforming use of a structure or structure and land may, upon the issuance of a nonconforming use permit by the city, be changed to another nonconforming use; provided, that the city shall find that all of the following conditions are met:

1.

That the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

2.

That there is no increase in noise, odor, glare, outside storage, vibration or other nuisance causing disturbance.

3.

In permitting such changes, the city may require appropriate conditions or safeguards in accordance with other provisions of this title and the conditional use permit provisions including, but not limited to, placement of signs and lighting, landscaping and screening, dedication and/or improvement of public rights of way, and hours of operation.

B.

Conformance To Regulations of Zone: Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.

C.

Use Discontinued or Abandoned: When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located.

D.

Voluntary Removal of Structure: Where nonconforming use status applies to a structure and land in combination, voluntary removal of the structure shall eliminate the nonconforming status of the land.

E.

Expansion Allowance for Nonconforming Structures: Structures that become nonconforming due to the adoption or amendment of this code shall be entitled to a onetime expansion allowance so long as the cubic expansion conforms to all other provisions of this code.

(Ord. 1232, 5-19-2010)

A.

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

B.

The restoration of a building destroyed by no fault of the owner shall be permitted, and such building may be reconstructed upon the issuance of a nonconforming use permit, as stated in subsection 9-7-3A of this chapter.

(Ord. 716, 7-21-1980)

Any use which is permitted as a conditional use in a zone under the terms of this title shall not be deemed a nonconforming use in such zone during compliance with the terms of the conditional use permit.

(Ord. 716, 7-21-1980; amd. 1983 Code)

A nonconforming use permit will be issued by the city to all nonconforming uses which were in existence on the effective date of the zoning ordinance or any subsequent rezoning or other amendment thereto which makes such use nonconforming. This permit will include, but not be limited to, the following information:

A.

Name and address of owner.

B.

Legal description.

C.

Type of use.

D.

Square feet of building space.

E.

Square feet of land area.

F.

Number of employees.

G.

Hours of operation.

H.

Number of deliveries.

I.

Location of all loading areas.

J.

Sign area and location.

K.

Number of parking spaces.

Any change in a nonconforming use shall require the issuance of a new nonconforming use permit. In any residential zone, or property adjacent to a residential zone, nonconforming use permits shall be processed under the rules and regulations as a conditional use permit.

(Ord. 1229, 4-21-2010)