(a)

It is the intent of this article to permit legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival.

(b)

It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this article or future amendments.

(c)

Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the district involved.

(d)

To avoid undue hardship, nothing in this chapter 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 of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

(Code 1994, § 18.01)

Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this chapter.

(Code 1994, § 18.02)

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

(1)

No such structures shall be enlarged or altered in a way which increases their nonconformity. Such structure may, however, be enlarged or altered in a way which does not increase nonconformity.

(2)

Should such structure be destroyed by any means to the extent of 200 percent of its state equalized value, exclusive of foundation, it shall be reconstructed only in conformity with the regulations pertaining to the district in which it is located. Damage and destruction of a lesser extent to a nonconforming structure may be restored or replaced only when such restoration may be accomplished in compliance with current construction code ordinances of the city and no expansion of the structure results.

(3)

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.

(4)

Nothing contained in this chapter shall, however, prohibit a single-family residential homeowner from improving his homestead by an enlargement or alteration of the homestead structure so long as the enlargement or alteration thereto is in keeping as near as reasonably can be with the provisions contained in this chapter and provided such improvement receives the prior approval of the zoning board of appeals; provided further that any homestead destroyed by any means, except voluntary destruction, to an extent of more than 100 percent of its current state equalized value at the time of destruction, may be reconstructed by a homeowner as his homestead provided such reconstruction meets the provisions of this chapter as near as reasonably can be. Under this section, a homeowner may only have one homestead in the city and such homestead must be his sole residence in the city and he must be residing in or have resided therein at time application to enlarge, alter or reconstruct is applied for.

(Code 1994, § 18.03)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted in whole or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, 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, and which existed at the time of adoption or amendment of this chapter, 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 be changed to another nonconforming use, provided that the planning commission, by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accordance with the purpose and intent of this chapter.

(4)

Any structure, or structure and land in combination in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 12 months during any three-year period, or is otherwise sooner abandoned, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. In applying this section to seasonal uses, the time during the off-season is not counted, provided that the off-season time for such uses are reported to the building inspector.

(6)

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.

(Code 1994, § 18.04)

On any building devoted in whole or in part to any 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 50 percent of the state equalized value of the building, providing that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter 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.

(Code 1994, § 18.05)

Any use which is listed as a principal use permitted subject to special approval in this chapter shall be deemed a conforming use.

(Code 1994, § 18.06)

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.

(Code 1994, § 18.07)

The city may acquire by purchase, condemnation, or otherwise, private property for the removal of nonconforming uses and/or structures. Pursuant thereto, the council may, in its discretion, provide that the cost and expense of acquiring such property be paid from general funds or that any portion thereof be assessed to a special district.

(Code 1994, § 18.08)

(a)

Notwithstanding limitations imposed by other provisions of this chapter, permitted uses may be developed on any single lot of record at the effective date of adoption or amendment to this chapter.

(b)

This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving lot area or lot width, or both, shall conform to the regulations for the district in which the lot is located. Variances from yard requirements may be sought through application to the zoning board of appeals.

(c)

If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are recorded at the time of passage or amendment of this chapter, and if all or part of such lots do not meet the requirements of the schedule of regulations and footnotes for lot width and area, the lands involved shall be considered to be a single undivided lot for building permit and all other purposes of this chapter, and no portion of said lot shall be used or sold in any manner which diminishes compliance with lot width, yard, and area requirements established by this chapter, nor shall any division of any lot be made which creates a lot width, yard, or area less than the requirements stated in this chapter. These same provisions shall apply to platted and unplatted lots or parcels.

(d)

When two or more abutting or contiguous lots (one or more of which is/are nonconforming in width or area) are of record and in single ownership as of the effective date of the ordinance from which this chapter is derived and each is occupied by a principal structure (as of the effective date of the ordinance from which this chapter is derived) the two or more abutting lots shall be deemed as nonconforming lots of record under this chapter.

(Code 1994, § 18.09)