A.   Continuance Of Nonconformities: Within the districts established by this Title or amendments thereto there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Title was adopted or amended, but which would be prohibited, regulated, or restricted under terms of this Title or future amendment. It is the intent of this Title to permit these nonconformities to continue until they are removed, but not encourage their survival. It is further the intent of this Title 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.

   B.   Buildings Under Construction: Nonconforming uses are declared by this Title to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this Title 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 adoption or amendment hereof and which actual building construction has been carried on diligently. Actual "construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. (Ord. 203, 12-9-1983)

   A.   Single Lot Of Record: In any district, notwithstanding other limitations imposed by this Title, structures permitted in said district may be erected on any single lot of record on the effective date hereof. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.

   B.   Undivided Parcels: If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of this Title, 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 Title. Where lots are larger than required by this Chapter, said lots may be subdivided into smaller lots except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this Title. (Ord. 203, 12-9-1983)

Where at the time of passage of this Title lawful use of land exists which would not be permitted by the regulations imposed by this Title, the use may be continued so long as it remains otherwise lawful, provided:

   A.   Enlarge Or Increase: No such 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 hereof.

   B.   Moving: No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment hereof.

   C.   Cease To Exist: If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) days, any subsequent use of such land shall conform to the regulations specified by this Title for the district in which such land is located.

   D.   Additional Structure: No additional nonconforming structure in connection with the requirements of this Title shall be erected in connection with such nonconforming uses of land. (Ord. 203, 12-9-1983)

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

   A.   Enlarge Or Increase: No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   B.   Destruction: Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Title.

   C.   Moving: Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 203, 12-9-1983)

If lawful use of a structure, or of structures and premises, exists at the effective date of adoption or amendment hereof that would not be allowed in the district under the terms of this Title, the lawful use may be continued so long as it remains otherwise lawful, provided that:

   A.   Enlarging: No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered, unless the use is changed to a permitted use.

   B.   Extending: Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.

   C.   Conditional Use Permit: Nonconforming use of buildings, structures, or premises may be changed to another nonconforming use; provided, that a conditional use permit is obtained from the City Council. In determining whether or not to grant the conditional use permit, the City Council, after recommendation from the Zoning and Planning Board, shall determine that the proposed use is equally appropriate or more appropriate to the district than the nonconforming use.

   D.   Use Superseded By Permitted Use: Any structure, or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.

   E.   Cease To Exist: Whenever a nonconforming use of a structure or a premises ceases for ninety (90) days, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term "ceases" as used in this subsection shall mean that the activity in question has not been in operation for a period of ninety (90) days.

   F.   Removal Of Structure: Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 203, 12-9-1983)

   A.   Permit Required; Conditions: Where a nonconforming use and/or structure as herein defined exists in a business district zone, said nonconforming use and/or structure may be expanded only by issuance of a permit, provided that:

      1.   The use is for single-family residential purposes as defined elsewhere in this Title; and

      2.   The existing character of the area for which expansion is requested is primarily of a residential character or nature; and

      3.   The square footage of the requested expansion is not more than fifty percent (50%) of the total square footage of the existing nonconforming use or structure. (Ord. 203, 12-9-1983)

   B.   Procedure For Obtaining Permit: Procedure for obtaining permit for expansion of nonconforming uses and/or structures:

      1.   Investigation Of Facts: Immediately upon receipt of said application for a permit for expansion of a nonconforming use and/or structure, said Zoning Official will immediately deliver said application to the Zoning and Planning Director in and for the City. Said Zoning and Planning Director will immediately cause an investigation of the facts bearing on the application and will provide the necessary information to assure that the action on such application is consistent with the intent and purpose of this Title. (Ord. 253-99, 10-13-1998)

      2.   Notice Of Public Hearing: A hearing on the application shall then be held before the Zoning and Planning Board at the time set to gather needed facts from all interested parties. Said hearing shall be held pursuant to notice to be published on one occasion in a newspaper of general circulation in the City, and further notice will be sent to each landowner adjoining said property for which a permit is requested including all property within a one block radius of the property for which said permit is requested. The Zoning and Planning Board may continue such hearing, if need be, to take additional information.

      3.   Board Recommendations: The Zoning and Planning Board shall cause to be sent to the City Council their recommendation on application with any and all pertinent facts. The applicant will also be given a copy of the Zoning and Planning Board's recommendation to the City Council at least ten (10) days prior to the scheduled hearing to be conducted before the City Council.

      4.   Council Hearing: Upon receipt of the Zoning and Planning Board's recommendation, the City Council shall, after legal notice of not less than ten (10) days, hold a public hearing on said application at which the Zoning and Planning Board's recommendation shall be read and additional testimony may be taken from interested parties. At the conclusion of said public hearing, the City Council shall do one of the following:

         a.   Grant a permit for said expansion;

         b.   Deny said permit;

         c.   Grant a said permit with any conditions deemed necessary by the City Council;

         d.   Refer said matter back to the Zoning and Planning Board with instruction for further investigation and recommendation. (Ord. 203, 12-9-1983)

On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair, or replacement of nonbearing walls, to an extent not exceeding ten percent (10%) of the replacement value of the building in any one year; provided, that such work does not increase the cubic content of the building. 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 by any official charged with protecting the public safety, upon order of such official. (Ord. 203, 12-9-1983)

Conditional uses provided for in this Title shall not be deemed a nonconforming use in the district in which it is permitted. (Ord. 203, 12-9-1983)