(a)

Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures that were lawful before this chapter was passed or amended but are prohibited, regulated or restricted under the terms of this chapter or future amendment and, therefore, nonconforming.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.

(c)

It is further the intent of this chapter 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 districts.

(Ord. No. 1500, § 7, 1-10-1989)

By adoption of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense which was committed, and no liability, penalty of forfeiture, either civil or criminal, incurred prior to the time this chapter was repealed and recreated, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

(Ord. No. 1500, § 19, 1-10-1989)

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 that would be prohibited generally in the district involved.

(Ord. No. 1500, § 7, 1-10-1989)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, constructed 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. The term "actual construction" as used in this section means the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(Ord. No. 1500, § 7, 1-10-1989)

(a)

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 non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the buildings as it existed at the time of passage or amendment of this chapter shall not be increased.

(b)

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 an official of the city whose responsibilities are directly involved upon order of such official charged with protecting the public safety.

(Ord. No. 1500, § 7, 1-10-1989)

Any use for which an exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(Ord. No. 1500, § 7, 1-10-1989)

The city council has established fees associated with this chapter as provided in the city fee schedule and a collection procedure for building permits, amendment applications, appeals and other matters pertaining to this chapter. No permit, amendment, special exception or variance shall be issued unless or until all applicable costs, charges, fees or expenses have been paid in full. Further, no action shall be taken or public hearing be held unless or until preliminary charges and fees have been paid in full.

(Ord. No. 1500, § 13, 1-10-1989)

In a district where single-family dwellings are permitted, a single-family detached dwelling may be erected on a lot of official record at the effective date of adoption or amendment of this chapter, irrespective of its area or width, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and other requirements shall be obtained only through action of the board of adjustment.

(Ord. No. 1500, § 7, 1-10-1989)

If, at the effective date of adoption or amendment of this chapter, lawful use of the land exists that is made 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, provided that:

(1)

No such nonconforming use shall be enlarged or increased, nor shall be 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 or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. No. 1500, § 7, 1-10-1989)

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

(1)

No such structure may be enlarged or altered in any way which increases its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Should such structure be moved for any reason for any distance whatever, it shall conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 1500, § 7, 1-10-1989)

If a lawful use of structure, or of structure and premises 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, the lawful use may be continued so long as it remains otherwise lawful, provided that:

(1)

No existing structure devoted to a use not permitted by this chapter 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 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 board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustments may require appropriate conditions and safeguards in accordance with the provisions 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 conform to the regulations for the district in which such structure is located, and the nonconforming use may not be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not be used except in conformance with the regulations of the district in which it is located.

(Ord. No. 1500, § 7, 1-10-1989)

If a 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.

(Ord. No. 1500, § 7, 1-10-1989)