(a)

Within the districts established by this LDC, or amendments that may later be adopted, there exist:

(1)

Lots;

(2)

Structures;

(3)

Uses of land; and

(4)

Characteristics of use, which were lawful before this LDC was passed or amended, but which would be prohibited, regulated or restricted under the terms of this LDC or future amendment. It is the intent of this LDC to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this LDC that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming uses are declared by this LDC to be incompatible with permitted uses in the districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this LDC, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

(Ord. No. 360, § 7.13.01, 2-1-91)

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in a recorded subdivision or a lot in an unrecorded plat which was the subject of a contract to purchase or article of agreement executed prior to October 1, 1990, the effective date of the ordinance from which the LDC is derived, notwithstanding limitations imposed by other provisions of this section. This subsection shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Variance of yard requirements shall be obtained only through action of the board of adjustment.

(b)

Refer to article II for requirements for subdivisions and exceptions.

(Ord. No. 360, § 7.13.02, 2-1-91)

Where at the time of passage of the ordinance from which the LDC is derived, lawful uses of land exist which would not be permitted by the regulations imposed by this LDC, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

(1)

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 of the ordinance from which the LDC is derived, or amendment of this LDC.

(2)

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 of the ordinance from which the LDC is derived, or amendment of this LDC.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this LDC for the district in which such land is located.

(4)

No additional structure not conforming to the requirements of this LDC shall be erected in connection with such nonconforming use of land.

(Ord. No. 360, § 7.13.03, 2-1-91)

Where a lawful structure exists at the effective date of adoption of the ordinance from which the LDC is derived, or amendment of this LDC that could not be built under the terms of this LDC by reason of restrictions of 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:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at time of destruction, it shall not be reconstructed except in the exact dimensions as it existed on the date of its destruction with due diligence; provided, however, if and when the principal place of residence of a homeowner of the city is destroyed by accidental fire, hurricane, tornado or other act of God, such homeowner may rebuild such residence to original type and size of structure; or such homeowner or mobile home owner may rebuild or replace with a superior type of material; provided the new construction conforms to dimensions previously existing.

(3)

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

(4)

No such nonconforming lot may be enlarged or altered in a way which increases its nonconformity, but any lot or portion thereof may be altered to decrease its nonconformity.

(Ord. No. 360, § 7.13.04, 2-1-91)

Where, at the time of passage of the ordinance from which the LDC is derived, lawful use of land existed which would not be permitted by the regulations imposed by this LDC and where such use involves mobile homes, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No additional mobile homes shall be located on any parcel in excess of the number of trailer sites, consisting of the appropriate slabs and utility connections which were in existence at the effective date of adoption of the ordinance from which the LDC is derived, or amendment of this LDC.

(2)

This section is not intended to prohibit the continued operation of existing trailer parks as of the effective date of adoption of the ordinance from which the LDC is derived, or amendment of this LDC, and such trailer parks are expressly permitted to continue operation in the manner conducted prior to the effective date of adoption of the ordinance from which the LDC is derived, or amendment of this LDC.

(3)

If any mobile home located on any parcel of property on the effective date of adoption of the ordinance from which the LDC is derived shall be bound by a fence or other boundary mutually agreed to by the adjoining landowners or occupants, and provided such lots abut a county street or public right-of-way such lots may be sold or otherwise conveyed by metes and bounds, description and such use continued so long as not abandoned pursuant to section 114-78.

(Ord. No. 360, § 7.13.05, 2-1-91)

Cross reference— Manufactured homes and trailers, ch. 118.

If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structures and premises in combination, exist at the effective date of adoption of the ordinance from which the LDC is derived, or amendment of this LDC, that would not be allowed in the district under the terms of this LDC, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this LDC 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.

(2)

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

(3)

If no structural alterations are made, any nonconforming use of a structure or structure and premises may as a special exception be changed to another nonconforming use provided that the board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the provisions of this LDC.

(4)

When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months, except when government action impeded access to the premises, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 75 percent of the replacement cost at the time of destruction.

(Ord. No. 360, § 7.13.06, 2-1-91)

(a)

On a nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 25 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(c)

Nothing in this LDC 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. No. 360, § 7.13.07, 2-1-91)

Any use which is permitted as a special exception in a district under the terms of this LDC, other than a change through board of adjustment action from a nonconforming use to another use not generally permitted in the district, shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(1)

Child care centers, nursery schools and kindergartens in which more than five children are present at any given time shall have a minimum floor space, apart from administrative or residential use, of 35 square feet per child. Each child must also have a minimum of 100 square feet of outside play area enclosed by a minimum six- foot-high chainlink fence. All licensed child care facilities must provide a separate kitchen and separate bathrooms apart from the normal living quarters in accordance with chapter 10M-12, Child Care Standards, department of health rehabilitative services. Requirements of chapter 4A-36 of the Fire Marshall's Code shall also apply in determining construction and safety standards.

(2)

All other special exceptions, such as utility structures, shall provide minimum areas as determined following review and recommendation of the planning department and subsequent approval of the board of adjustment and city commission.

(Ord. No. 360, § 7.13.08, 2-1-91)