(a)

Lots, structures, uses of land and structures and characteristics of use that were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, are nonconforming. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. It is not the intent of this chapter to authorize, and this chapter shall not be construed to authorize, uses which constitute public or private nuisances or are otherwise prohibited by law or regulations.

(b)

Nonconforming uses are declared by this chapter to be incompatible with, or not within the meaning of, permitted uses in the district in which located a nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment or additions on a building or premises or by placement of additional signs intended to be seen from off premises or by the addition of other uses, of a nature which would not be permitted generally in the district involved.

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

(a)

To avoid undue hardship, nothing in this chapter 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 the adoption or amendment from which this chapter is derived and upon which actual building construction has been carried on diligently according to the city's building inspector and within the timeframe outline in the required permits.

(b)

The term "actual construction," for purposes of this section, means the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently as determined by the city's building inspector.

(Ord. No. 76, § 6(1), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this chapter. Such lots must be in separate ownership. This provision shall apply even though such lots fail to meet the requirements for the area, width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(b)

Variance of area requirements shall be obtained only through action of the planning and zoning commission

(c)

All commercial nonconforming lots structures and uses shall apply for a business registration in order to maintain their nonconforming status. As detailed in chapter 46, Zoning, article III, Nonconforming structures and uses.

(d)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Ord. No. 76, § 6(2), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

(a)

If lawful use involving individual structures, or structures and premises in combination, exists at the effective date of adoption or amendment of terms of this chapter, the lawful use may be continued until the compliance date as established by the board of adjustment. The use must cease on that date and it may not operate thereafter unless it becomes a conforming use.

(b)

The planning and zoning commission shall, in accordance with the law, provide a compliance date for the nonconformity under a plan whereby the owner's actual investment before the time that the nonconformity was created can be amortized within a definite time period. The commission will consider the following factors in determining a reasonable amortization period:

(1)

The owners capital investment in nonconforming structures, fixed equipment and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity was created by passage of this chapter or an amendment to it.

(2)

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)

Any return on investment since inception of the use, including net income and depreciation.

(4)

The anticipated annual recovery of investment, including net income and depreciation.

(Ord. No. 76, § 6(3), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6; Ord. No. 522, § 2, 10-28-2021)

Until the compliance date, the nonconformity may continue so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

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 district, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

(Ord. No. 76, § 6(4), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Work may be done on any nonconforming structure or portion of a structure or conforming structure or portion of a structure containing a nonconforming use in any period of 12 consecutive months on repairs, including, without limitation, repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 25 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the enclosed area existing when it became nonconforming shall not be increased.

(Ord. No. 76, § 6(5), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)

Any use that is permitted as a conditional use shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. No. 76, § 6(6), 5-1-1989; Ord. of 12-21-1995, § I; Ord. of 11-7-2002, § 6)