1.

Within the districts established by this ordinance or any subsequent amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed but not to encourage their continuation. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

2.

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

3.

Building permits. Where a building permit for a building or structure has been issued in accordance with law, prior to the effective date of the ordinance, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may, upon completion be occupied under a certificate of occupancy by the use for which it was originally designated—subject thereafter to the provisions of [this] article V.

1.

Contiguous parcels. When two or more parcels of land, each of which lack adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

2.

Lot area and lot frontage restrictions; exemption. Lot area and lot frontage restrictions shall not apply to any lots or parcels of land which are part of a recorded plat, and at the time of the adoption of this ordinance such plats disclose lot areas or lot frontages of less than those governed by the terms of this ordinance.

Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations of this ordinance, 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 lawful, provided [that]:

1.

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

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 or amendment of this ordinance;

3.

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

4.

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

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on 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. Any building or structure which is nonconforming with respect to yards or any other bulk regulation shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformance with respect to the bulk regulations of the district in which it is located. A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and then conforms to all regulations of that district;

2.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. In the event the damage or destruction is less than 50 percent of its replacement value, the building may be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. Restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion;

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.

If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance that would not be allowed in the district under the terms of this ordinance, 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 ordinance 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 or amendment of this ordinance, but no such use shall be extended to occupy any additional 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 use be changed to another nonconforming use provided the city commission either by general rule or by making findings in the specific case, shall find the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the city commission may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

4.

Any structure, or structure and land in combination, or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not hereafter be resumed, even though the building may have been originally designed and constructed for the prior nonconforming use.

5.

No nonconforming use may be extended in anyway to occupy any required open space or any land beyond the boundaries of the zoning lot as it existed, or to displace any conforming use in the same building or on the same parcel.

6.

When a nonconforming use of a structure or structure and premises in combination, is discontinued or abandoned for 12 consecutive months (except when circumstances beyond the control of the owner impede access to or occupation of 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.

7.

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 50 percent of the replacement cost at the time of destruction.

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain, shall be limited from the effective date of this ordinance or amendment hereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below:

1.

Any nonconforming use of a building or structure having an assessed valuation not in excess of $500.00 on the effective date of this ordinance shall be removed after two years;

2.

Any nonconforming use of land where no enclosed building is involved or where the only buildings employed are accessory or incidental to such use or where such use is maintained in connection with a conforming building shall be removed after a period of two years;

3.

All nonconforming signs, billboards and outdoor advertising structures shall be removed after a period of two years.

1.

In any 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 50 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided the cubic content existing when it became nonconforming shall not be increased. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

a)

When the alteration is required by law;

b)

When the alteration will actually result in eliminating the nonconforming use;

c)

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve liability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

2.

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.

Any use which is approved by the city commission after the effective date of this ordinance as a special use in a district under the terms of this ordinance in accordance with article XVII shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use. The city commission may approve as a special use a use existing prior to the effective date of this ordinance, subject to the limitations and conditions of this ordinance as though such existing use were a newly initiated use, in which case the use would thereafter have the status of a conforming use as provided for above.

1.

In order to establish a record of lawfully existing nonconforming structures and nonconforming uses of structures and land, the zoning administrator shall upon application by the owner, within one year of the time of passage of this ordinance, issue a certificate of occupancy for such lawfully existing nonconformance.

2.

If such certificate of occupancy is not so obtained, the burden of proof of the lawful existence of a nonconforming structure or use shall rest upon the owner.

3.

Within six months of the time of passage of this ordinance, the zoning administrator shall conduct a survey of lawfully existing nonconforming structures and nonconforming uses of structures and land and shall notify the owners of record thereof of the above conditions of this section. It is not, however, the intent of this paragraph that nonconforming structures and nonconforming uses of structures and land not included in the above described survey and notification procedure would assume the status of conforming to the provisions of this ordinance by virtue of omission of such notification, it being recognized that for practical reasons certain such nonconforming uses of structures and land could be missed in such survey and notification procedure described above.

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.