A nonconforming building or structure, existing at the time of adoption hereof, may be continued and maintained except as otherwise provided for in this chapter. (Ord. 832 §1, 1997)

A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the requirements of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards, height, or off street parking space, the building or structure may be enlarged or added to, provided, the enlargement or addition complies with the yard or height requirements, and the existing building plus the addition comply with the off street parking requirements. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the requirements of the district in which it is located. (Ord. 832 §1, 1997)

A nonconforming building, structure or portion thereof which is or hereafter becomes vacant and remains vacant for a continuous period of three (3) months shall not be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 832 §1, 1997)

A nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure nor changed, except to a conforming use. In the case of such nonconforming use, any future use of such building, structure or portion thereof shall be in conformity with the requirements of the district in which the building or structure is located. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of three (3) months after the effective date hereof. (Ord. 832 §1, 1997)

The use of a nonconforming building or structure may be changed to a use of the same or more restricted district classification. If the nonconforming building or structure is changed to a more restricted district classification, it cannot be changed back to a less restricted use. (Ord. 832 §1, 1997)

No building permit and/or certificate of occupancy for any building or structure to be moved onto property within the city shall be issued until the building or structure has been inspected by and approved for such move by the city. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

Any building to be moved onto property within the city shall be compatible to the neighborhood and area to which it is being moved. (Ord. 832 §1, 1997)

The move and installation of a building onto property within the city will be completed within ninety (90) days of the issuance of the permit and/or certificate. (Ord. 832 §1, 1997)

When a building or structure, the use of which does not conform to the provisions of this title, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its actual cash value, it shall be restored in conformity with the current district requirements. (Ord. 832 §1, 1997)

Where the aggregate value of all permanent buildings or structures is less than one thousand dollars ($1,000.00), existing at the time of adoption hereof, a nonconforming use may be continued for a period of not more than three (3) years provided:

A.   The nonconforming use may not be extended or expanded;

B.   If the nonconforming use or any portion thereof is discontinued for a period of three (3) months, or changed, any future use of such land, or change in use, shall be in conformity with the requirements of the district in which the land is located. (Ord. 832 §1, 1997)

Nothing contained in this chapter shall require any change in plans, construction, or designated use of a building or structure for which a building permit has been issued, and plans for which are on file with and approved by the city at the time of the passage hereof; provided, however, that the construction shall be completed within one year of the date of such permit. (Ord. 832 §1, 1997)

Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a building, structure, or premises in violation of zoning requirements in effect at the time of the effective date hereof. (Ord. 832 §1, 1997)

Nothing in this title shall prevent the continuance of a nonconforming use, as authorized in this chapter, unless a discontinuance is necessary for the safety of life or property. (Ord. 832 §1, 1997)

A.   An applicant for any structure or use not listed in this title shall receive the express authorization of the city council, shall file an application with the city clerk, and shall pay a filing fee as provided for in this title at the time the application is filed for an enabling permit. Thereafter, the planning commission shall review the application and submit their recommendation to the city council as to the effect such proposed structure or use will have upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general health and welfare of the public.

B.   Upon receipt of the application, the city shall publish a notice of hearing letter to property owners setting forth public hearing dates for both the planning commission and the city council. The planning commission shall then hold a public hearing for the express purpose of determining their recommendation to the city council. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing to authorize or deny the issuance of an enabling permit, as provided for in chapter 19.60 of this title.

C.   This shall also include any public building erected and used by any department or agency of the city, county, state or federal government, telephone exchange buildings, electric substations and lines or gas distribution regulator stations.

D.   When a recommendation is made to the city council to approve or deny the issuance of an enabling permit, the city council may overturn the recommendation with a majority vote of the members present at their meeting. If one or more written protests, objecting to the use being proposed in the enabling permit, are filed at least three (3) days before the time of the public hearing before the planning commission by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300') radius of the exterior boundary of the area to be covered by the permit, a three-fourths (3/4) majority vote of all members of the city council is required to overturn the recommendation. (Ord. 995 §3, 2003: Ord. 968 §1, 2002)