The lawful use of any building, structure or land existing at the time of the enactment of this ordinance or amendment thereto may be continued even though such use does not conform with the provisions of this ordinance, provided that the nonconforming use of a building, structure, or land shall not be changed to another nonconforming use or reestablished after discontinuance for one year.

No nonconforming building, structure or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the provisions of this ordinance. However, a nonconforming use may be extended throughout those interior parts of a building which were designed for such use prior to the adoption of this ordinance or any subsequent amendments thereto, even though such extension may enhance the building's total value.

Any nonconforming building or any building containing a nonconforming use, which has been damaged by fire or other cause, may be rebuilt and used as before if such reconstruction is completed within one year of such damage. However, if such building or structure has been damaged to an extent exceeding 50 percent of its replacement cost at the time of such damage or destruction, as determined by the building inspector, any repair, reconstruction, or use of such building or structure shall be in conformity with the provisions of this ordinance.

(Ord. of 12-29-77, § 1)

(a)

Any parcel or parcels of land annexed to the city (a) having multifamily dwelling use; (b) consisting of ten or more acres of land; and (c) containing existing buildings and structures comprising a density of greater than 12 units per acre, shall constitute a legal nonconforming use of such land and the buildings and structures located thereon, in accordance with this ordinance. Moreover, notwithstanding anything to the contrary contained in section 1103 of this ordinance, in the event any building or structure on such land is damaged to an extent exceeding 50 percent of its replacement cost at the time of such damage or destruction, as determined by the city building inspector, than any replacement repair, reconstruction or use of such building or structure may be substantially [the] same as existed immediately prior to such damage, including, without limitation, the density (units per acre) and setback encroachments (if any) that existed immediately prior to such damage; provided, however, that all such repaired or reconstructed buildings and structures must otherwise meet all current applicable fire, safety and building codes to the extent required by other applicable laws. The provisions of this paragraph shall be applicable to all parcels annexed since January 1, 1968. In the event any such parcel of annexed land is divided into two or more parcels and rezoned in part but not in whole after the date of annexation this paragraph shall not apply to the rezoned portion. After such division, in the event an area exceeding ten acres remain zoned for a multifamily use, this paragraph shall apply.

(b)

Any parcels or parcels annexed into the city through annexation that have existing active special land use permits with the county shall be permitted to transfer and maintain those special land use permits with the city. Any change of use or discontinuance of use for one year or longer will require formal approval of a special land use permit by the city council in accordance with section 1510 of the zoning ordinance.

(Ord. No. 94-14, 10-3-94; Ord. No. 2022-13, 6-6-22)

Editor's note— Ordinance No. 94-14, adopted Oct. 3, 1994, did not specifically amend this Code; hence, inclusion of the substantive provisions of said ordinance as § 1104 herein was at the editor's discretion.