Such repairs and maintenance work as are required to keep a nonconforming building or structure in a safe or sound condition may be made. A nonconforming building or structure which is damaged or destroyed by fire, flood, wind or other calamity may be restored and the occupancy or use of such building or structure, or part thereof, which existed immediately prior to such damage or destruction, may be continued or resumed, provided (i) the estimated expense of reconstruction does not exceed 75 percent of the appraised replacement cost (as determined by the planning director) of the entire building or structure prior to loss, exclusive of foundations; (ii) any reconstruction shall comply with any building code and governmental regulations in effect at the time; and (iii) such restoration shall be started within a period of one year of the time of such damage or destruction and diligently prosecuted to completion; provided, however, that the board of appeals may extend such period of time when a national emergency shall render it impossible to make such restoration in that period of time. If damage or destruction as aforesaid shall exceed 75 percent of the building or structure, the right to continue a nonconforming use shall thereupon terminate and further use of such premises shall conform to the requirements of the zone in which the premises is located.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

No nonconforming use of any land or structure shall be enlarged or extended, except that an enlargement or extension may be made of up to 50 percent of the floor area of the existing building or buildings devoted to a nonconforming use, provided (i) such extension or enlargement is made on adjoining land with the same block which was owned by the owner of the nonconforming use at the time this chapter became effective; (ii) if such use was nonconforming under the zoning ordinance repealed by this chapter or any other prior ordinance, the combination of the proposed enlargement or extension and any previous enlargement or extension made after the use became nonconforming by the provisions of the former ordinance or ordinances would not exceed 50 percent of the floor area of the building or buildings devoted to the use as it or they existed when the use became a nonconforming use; and (iii) the board of zoning appeals after public notice and hearing shall find that a reasonable need for the extension exists and an absence of injurious effect on the contiguous property is shown, and in its order permitting any such enlargement or extension, the board of appeals may provide such conditions and limitations as will safeguard the character of the neighborhood. If any nonconforming structure permitted under the provisions of this article is moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

No building, structure or premises where a nonconforming use has ceased for more than one year or has been changed to a conforming use shall again be devoted to a use not in conformity with the regulations of the district under this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

In any case where a building permit has been issued for a building or structure which conformed with the zoning regulations effective at the date of such permit but not with the regulations of this chapter and construction work had been started at the effective date of the ordinance from which this chapter is derived, such work may proceed, provided it is completed within one year after the effective date of such ordinance.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

This article shall also apply to building, structures, land or uses which become nonconforming due to any reclassification of districts under this chapter or any subsequent change in the regulations of this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

If no structural alterations are made, a nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use if the zoning board of appeals specifically finds that the proposed use is equally appropriate or more appropriate to the zone district than the existing nonconforming use. In approving a change of use, the board of appeals may impose reasonable conditions. The changed use as approved by the board of appeals under this section shall be considered a nonconforming use for purposes of this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

A use which is permitted and approved as a special use or permitted by grant of a variance, shall be considered a conforming use and not a nonconforming use for purposes of this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

When the city, the state department of transportation, or any other entity with the power of eminent domain, acquires additional right-of-way from a lot containing an existing building or structure for the purpose of street construction, street relocation, street widening, or installation, maintenance, repair, or enlargement of utilities, and such acquisition creates nonconformance of an existing building or structure with the minimum setback, lot width, lot area, or parking requirements of this chapter, such building or structure shall thereafter be permitted to be altered, enlarged or rebuilt provided that: (1) the specific nonconformity created when the right-of-way was acquired is not increased; (2) all buildings and structures shall be setback not less than 15 feet from the public right-of-way line; and (3) all such altered, enlarged, or rebuilt buildings or structures shall conform to all other requirements of this chapter and this Code. This section shall control in the event of any conflict with any other provision of this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

When a parcel of land in a residential or agricultural district which was in existence at the time the ordinance from which this chapter derives took effect does not constitute a lot because it does not meet the area or width requirements of its district, but has at least 50 percent of the area and width requirements of its district, it may be used for single-family uses, and the side yards may be reduced by the proportion that the width fails to meet the minimum requirement of its district for width at the building line, subject to the limitation that no side yard shall be less than seven feet in width without approval of the board of zoning appeals. If any such lot has less than 50 percent of the area or width required by this district, a building permit shall not be refused by the building inspector merely on the basis of the size of the lot, provided that the board of zoning appeals finds that:

(a)

Public water and sewer services are available for the lot;

(b)

There is a front yard of at least 35 feet and a rear yard of at least 25 feet, and side yards shall be proportionately reduced subject to the limitation that no side yard shall be less than seven feet in width without approval of the board of zoning appeals;

(c)

The lot has an area of at least 6,000 square feet;

(d)

The proposed building will meet the requirements of the building code for the city and will conform generally with the architecture, structure and exterior design of buildings within 500 feet of such lot; and

(e)

Except as to plats recorded prior to December 16, 1957, such lot did not at any time adjoin land of the same owner in single ownership available for use in connection with such lot.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)