Within the districts established by this [zoning] ordinance or amendments that later may be adopted, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this [zoning] ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this [zoning] ordinance or future amendments. It is the intent of this [zoning] ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.

It is further recognized that certain nonconforming uses and structures do not significantly depress the value of nearby properties and are not contrary to the public health, safety, and welfare and that such use or structure was lawful at the time of its inception and that no useful purpose would be served by the strict applications or requirements for nonconformities under this [zoning] ordinance and, therefore, two classes of nonconforming use and structure are designated, being class A and B.

Those nonconforming uses or structures which have been so designated by the planning board after hearing shall be designated as class A, providing findings that the following conditions exist with respect to the use or structure:

(A)

The use or structure was lawful at its inception.

(B)

Continuance of the use or structure does not significantly depress property values of nearby properties.

(C)

Continuance of the use or structure would not be contrary to the public health, safety, or welfare or the spirit of the [zoning] ordinance.

(D)

No useful purpose would be served by strict application of the provisions of this [zoning] ordinance with which the use or structure does not conform.

(E)

An improvement to an existing nonconforming use will result.

The decision to grant a class A designation shall be made in writing setting forth the findings and reasons on which it is based. Conditions may be attached, including time limits where deemed necessary to assure the use or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this [zoning] ordinance and further to assure that at least the following standards are met:

(A)

Screening and landscaping may be required in keeping with community standards to provide compatibility with adjacent uses.

(B)

Effects which may have a negative impact such as lighting, noise or visual impact should be minimized.

(C)

Where such use is in close proximity to homes, parking should not be permitted to utilize curbside parking to an extent greater than the immediate property frontage of the nonconforming use.

(D)

New signage should meet zoning district requirements. Existing nonconforming signs shall be required to be eliminated or reduced in size and number as the planning board may, in its judgment, determine.

(E)

The exterior building materials utilized in any alteration to the building shall be harmonious with materials on abutting properties whenever practical.

(F)

Enlargement of a building may be allowed provided such enlargement does not create a more nonconforming yard setback condition which would impact on conforming properties in the immediate vicinity.

(G)

The planning board may require such other safeguards and improvements as it may deem necessary to protect conforming uses in the surrounding area.

Once the planning board has conducted a hearing and designated a nonconforming use of structure to the person, firm, or partnership requesting the designation, said class A designation shall be deemed temporary until the planning board has received written verification from the building department that the party requesting the class A designation has complied with all of the conditions set forth by the planning board.

Once the planning board has received written verification from the building department that the party requesting the class A designation has complied with said conditions, the class A designation shall become final, subject to other provisions of this [zoning] ordinance as hereinafter prescribed.

No class A nonconforming use or structure shall be resumed if it has been discontinued for six consecutive months or 18 months in any three-year period. No class A nonconforming use or structure shall be used, altered or enlarged in violation of any condition imposed in its designation.

No temporary class A nonconforming use or structure which has not met with all the conditions set forth by the planning board within six months from the date the nonconforming use or structure received a temporary class A designation shall receive final approval unless a request for extension of time in which to fulfill all of the conditions set forth by the planning board is submitted in writing to the planning board along with sufficient reasons as to why the temporary class A designation should be extended.

Upon a showing of good cause the planning board may extend the temporary class A designation for the nonconforming use or structure for another six months.

Any class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for class A designation.

All nonconforming uses or structures, not designated class A, Shall be class B nonconforming uses or structures. Class B nonconforming uses and structures shall comply with all the provisions of this [zoning] ordinance relative to nonconforming uses and structures.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this [zoning] ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this [zoning] ordinance. 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 dimension's and other requirements not involving area or width or both of the lot shall conform the regulations for the district in which such lot is located.

Where, at the time of the passage of this [zoning] ordinance, a lawful use of land exists which would not be permitted by the regulations imposed by this [zoning] ordinance and where the uses involve individual structures, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(A)

No nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this [zoning] ordinance, except bringing the land parcel into compliance with federal ADA requirements shall be permitted.

(B)

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this [zoning] ordinance.

(C)

If any nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent uses of the land shall conform with the regulations specified by the [zoning] ordinance for the district in which the land is located.

(D)

No additional structure not conforming to the requirements of this [zoning] ordinance shall be erected in connection with the nonconforming use of land.

Where a lawful structure exists or is lawfully under construction at the effective date of adoption or amendment of this [zoning] ordinance that could not be built under the terms of this [zoning] ordinance by reason of restriction on area, height, yards, its location on the lot, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(A)

No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered in a way that does not increase its nonconformity.

(B)

Any nonconforming structure which has been damaged or destroyed by any means to an extent of more than 50 percent of its true cash value as determined by the city assessor at the time of damage or destruction, shall not be reconstructed except in case of unusual hardship for which the zoning board of appeals may grant conditional approval for reconstruction.

(C)

Any nonconforming structure can be brought into federal ADA compliance at any time, and all work to alter the structure to bring it into conformance shall begin with ADA compliance.

(D)

Should the nonconforming structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

If a lawful use involving individual structures or a structure and land in combination exists at the effective date of adoption or amendment of this [zoning] ordinance that would not be allowed in the district under the terms of this [zoning] ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(A)

No existing structure devoted to a use not permitted by this [zoning] ordinance 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.

(B)

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

(C)

Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(D)

When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises or if it is a seasonal-type use), the structure, and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(E)

When nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this division is defined as damage to an extent of more than 50 percent of the true cash value as determined by the city assessor at the time of destruction.

(F)

The use of a nonconforming building may be changed to another nonconforming use if the zoning board of appeals finds that the new use would markedly decrease the degree of nonconformance and would enhance the value and desirability of adjacent conforming uses.

(A)

During any consecutive 12-month period the extent of repair or replacement shall not exceed 25 percent of the true cash value as determined by the city assessor of the nonconforming structure.

(B)

The cubic contents of the structure shall not be increased.

(C)

Nothing in this [zoning] ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of the official.

(D)

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land or structures or of structures and land in combination. A change of ownership between private parties does not remove the nonconformity nor extend time limits.

(A)

Any nonconforming structure or land may be made conforming by appropriate action or modifications which cause the structure or land to fulfil the requirements of the district in which it is located.

(B)

In case of a nonconforming use which is a use designated as a special land use by this [zoning] ordinance, the nonconforming status may be removed upon issuance of a special land use permit after the appropriate action has been taken in accordance with the provisions of this section. It shall be the responsibility of the owner or person requesting the special land use permit to initiate the request in accordance with sections 1.0601 through 1.0602.

The city may acquire by purchase, condemnation, or otherwise, private property for the removal of nonconforming uses and structures. The city commission may in its discretion provide that the cost and expense of acquiring the private property be paid from general funds, or the cost and expense or any portion thereof may be assessed to a special district. The elimination of any nonconforming uses and structures in a zoned district as herein provided is hereby declared to be for a public purpose and for a public use. The city commission shall have authority to institute and prosecute proceedings for the condemnation of nonconforming uses and structures under the power of eminent domain in accordance with the laws of the state or provisions of the city charter relative to condemnation.