It is the purpose of this Section to specify those requirements, circumstances and conditions under which non-conforming buildings, structures, uses, and lots will be operated, maintained, and regulated in their respective zoning districts. It is necessary that all non-conforming buildings, structures, uses, and lots not be allowed to continue without restriction as set forth in this Section. Furthermore, it is the intent of this Section that all non-conforming uses shall be eventually brought into conformity with the requirements of this Ordinance and the City Code.

A.

Non-Conforming Use.

1.

Any non-conforming use lawfully existing upon the effective date of this Ordinance shall not be enlarged nor shall buildings or structures associated with such use be enlarged or reconstructed in violation of Section 915.02.A.5, but may be continued at the size and in the manner of operation existing upon such date.

2.

Normal maintenance of a building, structure or land associated with a non-conforming use is allowed, so long as said maintenance does not physically expand or intensify the non-conforming use.

3.

No non-conforming building or structure associated with a non-conforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this Ordinance adoption unless such movement shall bring the non-conforming use into complete compliance with the requirements of this Ordinance and the City Code.

4.

When any lawful non-conforming use of any building, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

5.

If at any time a non-conforming building, or structure, associated with a non-conforming use is wholly or partially destroyed by an act of God or fire or other unexpected event (i.e. tornadoes, straight line winds, lightning, flooding, etc.) not intentionally caused by the Owner or person acting on behalf of Owner to the extent of more than 50 percent of its fair market value, (said value to be determined by having an appraisal setting forth the estimated value of the structure immediately before and after the destruction completed by the City through an independent appraiser hired by the City, at the cost of the Owner) then without further action by the Council, the building, structure and the land upon which such non-conforming use is located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by the zoning regulations for the district in which such land is located. Any building or structure associated with such non-conforming use which is damaged to an extent of less than 50 percent of its value may be restored if it is reconstructed within 18 months after the date of said damage. This subsection shall also apply to non-conforming buildings or structures associated with a non-conforming use which have been destroyed by the ravages of age. The 50 percent destruction calculation shall be determined by calculating the difference between the current market value versus the value of the building or structure had it received reasonable care and maintenance. The date of destruction, in the case of destruction by the ravages of age, shall be considered to be that date upon which the City notifies the owner of its determination that destruction by ravage of age in excess of 50 percent has taken place.

6.

Whenever a lawful non-conforming use of building, structure or land is either discontinued or abandoned for a period of six months, any future use of said building, structure or land shall be made to conform with the provisions of this Ordinance and the City Code.

7.

When any building, structure or property associated with a non-conforming use, based upon documented study and evidence, poses a danger and/or threat to the health, safety, or general welfare of the community, the City may do the following:

a)

Legally declare the building, structure and/or the property a nuisance;

b)

After the owner of the building, structure and/or property is notified in writing by the City of the nuisance, require the owner to provide the City a documented time schedule and program with rationale to support the proposed termination of the building, structure or property associated with non-conforming property use, which will result in the termination of the non-conforming use. The termination schedule shall be based upon, but not limited to, factors such as the initial investment and the degree of threat or danger being posed. The acceptability of the time schedule shall be determined by the Zoning Administrator with right of appeal to the City Council in accordance with Section 6 of this Ordinance.

B.

Non-Conforming Buildings, Structures and Lots.

1.

Non-conforming principal and accessory buildings and structures may be expanded, enlarged or modified, or conforming building and structures can be added, provided that the use of the land is conforming to this Ordinance and the City Code, and provided that the expansion, enlargement or modification meets the current zoning regulations and no other non-conformities are created.

2.

Except as allowed in Section 915.02.B.5, a non-conforming building or structure may not be removed, razed or demolished and a new building or structure constructed unless the new building or structure is in full compliance with this Ordinance and the City Code.

3.

Nothing in this Section shall prevent the replacing of a building or structure in safe condition when said building or structure is declared unsafe by the Building Official, providing the use of the building or structure is allowed for that property and provided the non-conformity is not increased beyond the existing conditions upon the lot and no other deviations within this Ordinance and the City Code are created.

4.

No non-conforming building or structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed unless such movement shall bring the non-conformance into complete compliance with the requirements of this Ordinance.

5.

If at any time a non-conforming building or structure is wholly or partially destroyed, by an act of God or fire or other unexpected event (i.e. tornadoes, straight line winds, lighting, flooding, etc.) not intentionally caused by the Owner or person acting on behalf of the Owner, said building or structure may be reconstructed so long as the non-conformity is not increased beyond the existing conditions upon the land and no other deviations within this Ordinance or the City Code are created and so long as it is reconstructed within 18 months after the date of said damage.

6.

Legal Non-Conforming Lots.

a)

Vacant or Redeveloped Residential Lots.

1)

Except where sanitary sewer has not been provided to the lot, a lot of record existing as of November 1, 1988, in a Residential District, which does not meet the requirements of this Ordinance as to area or width may be utilized for single family detached dwelling purposes, provided that:

(a)

In the "R-1A" District, the lot in question is at minimum 40,000 square feet in area and has a minimum frontage at the building setback line of 150 feet;

(b)

In all other residential districts, the measurements of such lot's area and frontage width are within 80 percent of the requirements of the respective district, as established by this Ordinance.

2)

The preceding subsection B.6.a)1) is not intended to permit a reduction in front, side and back yard setbacks.

3)

In the event that the measurements of such lot's area and width do not comply with subsection B.6.a)1) above, then approval for the construction of a single family dwelling may be requested as a conditional use permit, subject to and regulated by Chapter 904 of this Ordinance.

b)

Developed Lots. An existing conforming use on a lot of substandard size may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Ordinance.

c)

Unsafe Conditions. Nothing in this Section shall limit the City's right to declare a building, structure or other condition as unsafe, nor limit the right of City to require immediate action be taken by an Owner to ensure public safety under applicable provisions of the City Code of other applicable laws or regulations.