The purpose of this article is to provide for the continuation and within a suitable period of time, elimination of existing uses of property that do not conform to the requirements of this chapter or that may not conform to future amendments. The provisions of this article are designed to accomplish this intent in a way that:

(1)

Minimizes the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs.

(2)

Allows the property owner or lessee to recover all or a substantial part of his investment in the nonconformity, while also minimizing the time period during which, by virtue of the nonconformity, he enjoys a special right not available to other property owners in the same zoning district.

(a)

Nonconformity is a characteristic of a building, structure, or area of land, or the use of such building, structure, or area of land, which was lawful prior to the date of enactment of this chapter of any amendment that does not conform to the requirements applicable to the zoning district, in which it is located.

(b)

Use of a portion of a lot shall not establish a nonconformity as to the entire lot, but only to that portion of the lot actually used at the time of the enactment or amendment of this chapter.

The lawful use of any building, structure, land or sign existing at the time of the enactment or amendment of this chapter may be continued, even though such use does not conform with the provisions of this chapter, except that the nonconforming use shall not be:

(1)

Changed or extended so as to increase the portion of the property covered by the nonconforming building, structure, or sign on which the nonconforming use occurs.

(2)

Extended to occupy a greater area of a building or structure, unless such additional area of the building or structure existed at the time of the enactment or amendment of this chapter and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

(3)

Reestablished after discontinuance for two years, unless otherwise approved by the city council of if the use has a current city business license.

(4)

Changed to another nonconforming use.

A nonconforming building existing at the time of the enactment or amendment of this chapter may be retained except as follows:

(1)

No building other than a single-family detached dwelling may be enlarged, or altered except in conformance with this chapter, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

(2)

No building other than a single-family detached dwelling shall be rebuilt, altered or repaired after damage exceeding 75 percent of its replacement cost at the time of destruction, except in conformity with this chapter.

Any nonconforming use which is discontinued for a continuous period of two years shall not be resumed, and the premises shall be occupied only by a use which conforms to the use regulations of the district in which it is located.

The nonconforming use of any building, structure, or portion of that which is designed or intended for a use not permitted in the district in which it is located may not be changed to another nonconforming use.

When the nonconforming use of a building, structure, or portion of a structure, which is designed or intended for a use not permitted in the district in which it is located, is discontinued for a continuous period of one year, such building, structure, or portion of that shall be occupied only by a use which conforms to the use regulations of the district in which it is located.

There shall be no extension or enlargement of a nonconforming use, except with the approval of the zoning board of appeals.

When a building, structure, or portion of that is designed or intended for a use not permitted in the district in which it is located, it shall not be enlarged, added to, or structurally altered in any manner except as may be required by law; unless the said building or structure and use of that shall be made to conform to the use regulations of the district in which it is located.

Repairs and alterations necessary in the ordinary course and operation of a building or structure may be made to a nonconforming building or structure, except that no structural alterations shall be permitted, unless such structural change is for the purpose of conforming with the use of a nonconforming use or to introduce new nonconforming uses are prohibited. A nonconforming sign shall not be replaced by another sign, except within the provisions of this article. The substitution or interchange of poster panels, boards or the like on nonconforming signs shall be permitted. Minor repairs and maintenance of nonconforming signs (such as repainting, electrical repairs, etc.) and neon tubing shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this article.

No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, except as required by law; unless every portion of such building or structure which is moved has the use if that made to conform to all the regulations of the district in which it is located.

A nonconforming use of land which is accessory to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

The sale of merchandise in the open, when not permitted by the provisions of this chapter, shall be discontinued immediately.

No lawfully established building, structure, or use shall be subject to the termination provisions solely for reason of being nonconforming with respect to the standards prescribed in this chapter for any of the following:

(1)

Floor area ratio.

(2)

Development standards.

(3)

Permitted uses.

(4)

Buffers.

(5)

Gross floor area.