It is the intent of this chapter to permit nonconforming lots of record and nonconforming uses of land and structures 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.

In any district any use, which is permitted, may be allowed on any single lot of record at the effective date of or amendment of this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance for yard requirements of less than one (1) foot may be obtained administratively through the planning director. Variances of yard requirements larger than one (1) foot shall be obtained only through the action of the board of adjustment.

Where open land is being used for a nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this title may be continued although such use does not conform to the provisions hereof. No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity. If no structural alterations are made, a nonconforming use of a building may be hereafter extended throughout a building which was lawfully and manifestly arranged or designed for such use as of May 5, 1983.

Once the nonconforming use becomes idle or vacated, no building or land or portion thereof used in whole or in part for a nonconforming use, shall again be used except in conformity with the regulations of the zoning district in which it is located. All discontinuance of nonconforming uses shall cease immediately after the departure of the discontinued nonconforming use.

No building which has been damaged by any cause whatsoever to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of this ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than fifty (50) percent of the fair market value, it may be repaired or reconstructed to its original size and used as before the time of damage, provided that the use is under the same ownership and that such repairs or reconstruction be substantially completed within twelve (12) months of date of such damage.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

In cases of doubt, and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the governing authority after public notice and hearing and receipt of the report and recommendations of the planning commission.

A nonconforming use of land or of a structure shall not be changed to any use other than a use permitted in the zoning district in which such land or structure is located.

When such nonconforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted in the zoning district in which it is located. For purposes of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated or there is a change of ownership and the permitted use shall have commenced and continued for a period of seven (7) days.

(a)

All structures referenced in the occupancy classifications listed below that become vacant (unoccupied for one (1), twenty-four-hour period or longer) or have a change in ownership shall be evaluated prior to re-occupation of the structure.

(b)

Where the occupancy classification is designated as Assembly Group A-2 or A-3, Educational Group E or Institutional Group I-1, I-2, I-3 or I-4, the structure shall be brought into compliance with the current adopted building code and fire code. No such nonconforming structure may be enlarged or altered in any way which further affects its nonconformance.

(c)

Other applicable city ordinances may apply within the building and fire codes. Where city ordinances and codes both apply, the most restrictive shall be enforced.

(d)

The use and occupancy classification shall be determined by the building official and fire official or designee. The following is a list of use and occupancy classifications that shall be affected by the ordinance from which this section derives:

(1)

Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation.

a.

Exceptions:

1.

A building used for assembly purposes with an occupant load of less than fifty (50) persons shall be classified as Group B occupancy.

2.

A room or space used for assembly purposes with an occupant load of less than fifty (50) persons and accessory to another occupancy shall be classified as Group B occupancy or classified as part of that occupancy.

3.

A room or space used for assembly purposes that is less than seven hundred fifty (750) square feet in area and is accessory to another occupancy shall be classified as a Group B occupancy or classified as part of that occupancy.

(2)

Assembly Group A-2:

Banquet halls;

Night clubs;

Restaurants;

Taverns and bars.

(3)

Assembly Group A-3:

Amusement arcades;

Art galleries;

Bowling alleys;

Community halls;

Courtrooms;

Dance halls (not including food or drink consumption);

Exhibition halls;

Funeral parlors;

Gymnasiums (without spectator seating);

Indoor swimming pools (without spectator seating);

Indoor tennis courts (without spectator seating);

Lecture halls;

Libraries;

Museums;

Places of religious worship;

Pool and billiard parlors;

Waiting areas in transportation terminals.

(4)

Educational Group E:

Day cares (more than five (5) children older than two and one-half (2½) years of age);

Educational rooms and buildings (occupied by six (6) or more persons at any one (1) time through the 12 ^th grade).

(5)

Institutional Groups I-1, I-2, I-3 and I-4:

a.

Group I-1 shall include the following:

Alcohol and drug centers;

Assisted living facilities;

Congregate care facilities;

Convalescent facilities;

Group homes;

Half-way houses;

Residential board and care facilities;

Social rehabilitation facilities.

b.

Group I-2 shall include the following:

Child care facility that provides care on a twenty-four-hour period basis to more than five (5) children two and one-half (2½) years of age or less;

Detoxification facilities;

Hospitals;

Mental hospitals;

Nursing homes.

c.

Group I-3 shall include the following:

Correctional centers;

Detention centers;

Jails;

Prerelease centers.

d.

Group I-4 shall include the following:

Adult care facilities;

Daycare facilities.

For more complete occupancy classification definition, refer to the current building and fire codes.

(Res. of 8-7-12(1))