It is the intent of this title to permit nonconforming uses, buildings, and lots to continue until they are removed or altered in such a manner to bring them into conformance. It is further the intent of this title that nonconforming uses, buildings, and lots shall not be enlarged upon, expanded or extended in such a manner as to increase their nonconformity, without approval of the city council, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (Ord. 518, 6-10-2008)

   A.    The lawful use of land or structures existing on the effective date hereof may be continued.

   B.    A nonconforming structure, which conforms with respect to use, may be altered or expanded if the alteration, expansion or addition is in conformance with the standards of this title.

   C.    If a nonconforming use is discontinued for a period of six (6) consecutive months, further use of the property shall conform to this title.

   D.    A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use.

   E.    A nonconforming use may be changed with the approval of the council, if recommended by the commission, to another nonconforming use of the same or of a more restricted nature.

   F.    Normal repairs and alterations may be made to a lawful nonconforming building, provided that no structural alteration shall be made, except those required by law. No existing nonconforming structure designed, arranged, intended for or devoted to a use not permitted under this title for the district in which such structure is located shall be enlarged, extended, reconstructed, structurally altered or moved unless such use is changed to a use permitted under the regulations specified by this title for the district in which said building is located; and provided further, that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe and ordered to be strengthened or restored to a safe condition, unless such building has been destroyed by an extent exceeding seventy five percent (75%) of full value, as determined by consideration of the assessed value referred to above.

   G.    When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceeds seventy five percent (75%) of the cost of the replacement of the entire building (exclusive of foundations) using new materials, then such building shall not be rebuilt unless the building and its construction and uses conform fully to this title and other codes of the city as applied to new buildings. The determination of whether a building is destroyed to the extent described above shall rest with the council. (Ord. 518, 6-10-2008)

Nothing contained in this regulation shall require any change in the plans, construction, alteration or designated use of a structure upon which construction has commenced or a permit has been obtained prior to the effective date hereof. If the designated use or structure will be nonconforming, the construction of such use shall be commenced within six (6) months of permit issuance. (Ord. 518, 6-10-2008)

   A.   For a lot of record created prior to April 14, 2020 and that does not meet the minimum lot size or width required by this Zoning Code, structures for single unit dwellings may be built, expanded, reconstructed, occupied or used. Such structures and uses shall meet all other applicable requirements of this Zoning Code.

   B.   For two (2) or more lots, combinations, or portions of lots with continuous frontage in single ownership created prior to January 1, 1975, and do not meet the requirements for minimum lot size or width required by this Zoning Code, the lands involved shall be treated as an undivided parcel.

      1.   No portion of such a parcel shall be used which does not meet lot size or width requirements established by this title.

      2.   No division of such a parcel shall be made which leaves remaining any lot size or width below the requirements established by this title. (Ord. 609, 5-12-2020)