A non-conforming use is any existing use of land, building, or structure that does not conform to the land use provisions of this Code at the time of its passage.

A.

Non-conforming use of land. The legal non-conforming use of land, existing at the time this Code became effective, may be continued, provided that no such non-conforming land use shall in any way be expanded, extended or increased in intensity of use, either on the same or adjoining property, and provided that if such non-conforming use of land or any portion thereof, is abandoned for a period of one (1) year or more, any future use of such land shall be in conformity with the provisions of this Code.

B.

Legal non-conforming uses, lots, buildings, structures. Uses, lots, buildings, and structures existing lawfully prior to the effective date of this Code which, by reason of this Code, are no longer conforming, shall be considered as legally non-conforming and shall be subject to all regulations imposed hereafter.

C.

Illegal non-conforming uses, lots, buildings, and structures. Uses, lots, buildings, and structures existing unlawfully prior to the effective date of this Code, and which remain unlawful, shall be considered illegal and unless remedial action is taken (e.g. special use authorized or brought into conformance by another acceptable zoning device permitted by this Code) shall be amortized in conjunction with Section 11-4-10 hereinafter.

D.

Previous non-conforming, uses, lots, buildings, and structures which become conforming as a result of the Comprehensive Code amendment. Uses, lots, buildings, and structures existing lawfully or unlawfully prior to the effective date of this Code, which are made lawful as a result of the provisions of this Code, shall be considered as conforming.

Unless otherwise specifically provided for in this Code, non-conforming uses and lots that were otherwise lawful on the effective date of this Code may be continued regardless of ownership until the current use changes.

A legal non-conforming building or structure may be maintained and the occupancy of such building or structure may be continued, however, the non-conforming use shall not be changed or expanded, unless such changes or expansions brings the use further into compliance with this Code.

Repairs and structural alterations may be made to a non-conforming manufactured or mobile home, building or to a building housing a non-conforming use, however, the non-conforming use shall not be expanded or changed, unless such changes or expansions brings the use further into compliance with this Code.

A legal non-conforming building, manufactured or mobile home or a building housing a non-conforming use which is damaged or destroyed by fire, flood or other calamity or act of nature may be restored and the building, structure or use of such building, structure or part thereof may be continued or resumed, provided that such restoration is started within a period of one (1) year from the date of destruction. Such restoration shall not increase the floor space devoted to the non-conforming use over that which existed at the time the building came into non-conforming status. A building permit or manufactured home installation permit shall be obtained and countersigned by the designated Zoning Administrator or other zoning official designated by the City noting any restrictions and/or requirements to enable the non-conforming use to continue without violation of this Code.

A legal non-conforming use, building, manufactured or mobile home or structure or portion thereof, or a lot occupied by a non-conforming use which is or which hereafter becomes abandoned or which is discontinued for a continuous period of one (1) year, shall not thereafter be occupied except by a use which conforms to the regulations of the District in which it is located.

If a legal non-conforming use is sold, leased or otherwise transferred, the use may continue with no change or expansion of use, unless the change is to a conforming use.

The legal non-conforming use of a building or structure may not be changed except to a conforming use, but where such change is made, the use shall not thereafter be changed back to a non-conforming use.

When a legal non-conforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum set forth in Article 14 of this Code, the lot may be used as if it were conforming.

A subdivision on which an application was submitted to the City Planning and Zoning Commission prior to the adoption of this Code shall be allowed in any District, regardless of any new District requirements of lot size, if the requirements for final approval have been met and the plat approved within fifteen (15) months of the adoption of this Code.

Non-conforming building, structure, lot or use, as detailed below, which existed at the adoption of this Code and which remains non-conforming, and any such building, structure, or use which shall become non-conforming upon the adoption of this Code or of any subsequent amendment thereto, shall be discontinued and cease in accordance with the following.

A.

It shall be the responsibility of the owner of any illegal non-conforming buildings, structures, lots, or uses, to remove to bring such into conformance with the ordinances of this City within one (1) year of the effective date of this Code.

B.

It shall be the responsibility of the owner of any legal non-conforming commercial or industrial buildings, structures, or uses that exceed the home occupancy use standards of this ordinance, that exist in any of the residential zones at the time of adoption of this Code, to remove or bring them into compliance with this Code according to the schedules defined below:

1.

Where all or substantially all of the improvements employed in a non-conforming building, structure, or use, which have an assessed valuation on the effective date of this Code of less than twenty thousand dollars ($20,000), the use shall be discontinued or brought into compliance within five (5) years.

2.

Where all or substantially all of the improvements employed in a non-conforming building, structure, or use, which have an assessed valuation on the effective date of this Code of more than twenty thousand dollars ($20,000), the use shall be discontinued or brought into compliance within ten (10) years.