Within the community there are lots, land uses and structures that were lawfully established or constructed prior to the effective date of this section, but which would be prohibited or restricted under the requirements of this chapter. This section provides for the continuation of legal nonconforming uses and structures until they are removed, cease or are made to conform to current codes.

(Ord. 225, passed 10-20-1994, § 20.1)

   (A)   Any tax lot in the city which was legally created, but which does not conform to the lot size or dimensional requirements of current regulations are considered a nonconforming lot of record.

   (B)   A nonconforming lot of record shall have the same development rights and opportunities as any other property within the same zoning district; provided that, development complies with yard setback requirements, coverage limitations, off-street parking requirements and other minimum requirements of that district.

   (C)   Any exceptions to those development requirements shall be obtained through the variance process, as outlined in §§ 154.415 through 154.420.

(Ord. 225, passed 10-20-1994, § 20.2)

   (A)   A nonconforming use is any land use which is not listed as either a "permitted" or "conditional" use in the zoning district or planned unit development in which it is located.

   (B)   A nonconforming use that was lawfully established at its current location may be continued indefinitely; provided, it remains lawful.

   (C)   A nonconforming use may not expand in any manner.

(Ord. 225, passed 10-20-1994, § 20.3)

   (A)   Any structure that is lawfully constructed but would not be permitted under the current regulations of the city is considered to be a nonconforming structure, but may continue indefinitely; provided, it remains lawful. A nonconforming structure may be subject to other code requirements related to health and safety.

   (B)   A nonconforming structure may not be expanded or enlarged.

   (C)   A nonconforming structure that has been removed, destroyed or otherwise terminated, may not be replaced by another nonconforming structure.

   (D)   Remodeling of a damaged structure shall conform to current codes, setbacks, off-street parking and other site development requirements.

(Ord. 225, passed 10-20-1994, § 20.4)

   (A)   Any building or structure that was issued building permits, and on which actual construction had begun prior to the effective date of this section shall be permitted to continue the construction as a legal nonconforming structure.

   (B)   A building or structure that was approved for construction prior to the effective date of this section, but that has not commenced construction nor been issued any building permits, shall be required to conform to the newly adopted requirements.

(Ord. 225, passed 10-20-1994, § 20.5)

   A nonconforming use or structure shall be considered terminated when:

   (A)   The use is discontinued for a period of six months;

   (B)   The structure has been destroyed to an extent exceeding 80% of its true cash value, as indicated by the records of the County Assessor; or

   (C)   In the case of a sign, when it has not been used in conjunction with a business on the same premise for longer than 30 days.

(Ord. 225, passed 10-20-1994, § 20.6)

   (A)   Nonconforming structures, such as single-family dwellings in commercial districts, are encouraged to conform to the purpose and standards of the zoning district in which they are located through replacement of the structure or through remodeling or additions to the structure.

   (B)   Expansion or enlargement of a nonconforming structure shall be permitted by the Planning Commission if the applicant can demonstrate that the intended work is for the purpose of adapting the structure for a specific or general type of use that is permitted in that zone.

(Ord. 225, passed 10-20-1994, § 20.7)