(A) The intent and purpose of this section is to declare uses, structures, and lots legally existing on the effective date of this title as nonconforming uses, structures, and lots and to encourage those that are incompatible to be brought into conformity within a reasonable period of time.
(B) Nonconforming uses, structures and lots shall be defined as follows:
1. Compatible Uses: Structures and lots are those which are generally not detrimental to the zone in which they are located:
(a) Residential uses and structures located in residential zones which do not comply with the current requirements for the residential zone in which they are located, but did comply at the time of their construction.
(b) Residential uses and structures located in other than residential zones.
(c) Commercial and general commercial uses and structures located in other zones which have been determined by the planning commission to be compatible.
(d) Nonconforming structures or premises which have historic significance that have been so designated by the city council.
(e) Nonconforming parcels or lots which were created prior to the adoption of this title in a legal manner.
2. Incompatible Nonconforming Uses: Structures and lots that are not defined as compatible in subsection (B)1 of this section.
(C) Nonconforming uses, structures and premises are subject to the following termination provisions and such nonconforming uses, structures and premises so terminated shall not be reestablished:
1. Incompatible nonconforming uses in structures or on premises which have been discontinued for any reason for a period of six (6) months.
2. Changing any nonconforming use or increasing the area of such nonconforming use except as provided in this section.
3. The removal or destruction of a nonconforming use or structure.
4. The damage or destruction of a structure or use to the extent exceeding fifty percent (50%) of its current replacement costs.
(D) Modification may be made to compatible nonconforming uses, structures and premises if they comply with current provisions of this chapter or meet the following requirements:
1. Residential uses and structures in residential zones may be remodeled or rehabilitated, provided the use or structure is not enlarged.
2. Residential structures in residential zones may be added to or enlarged if the structure is nonconforming only because of noncompliance with the required height, yard and parking requirements; provided such new additions or enlargements comply with all requirements for new structures and off street parking is provided in accordance with the requirements for new residential structures.
3. Multi-family residential uses, structures or premises designated in subsection (B)1(b) of this section may be added to or enlarged provided a conditional use permit is obtained as required by sections 10-3-3 through 10-3-7 of this title and a site plan review, if required, by section 10-4-9 of this title. (Ord. 1487, 1-14-1992)
4. Single-family residential uses, structures, or premises designated in subsection (B)1 of this section may be reconstructed, added to or enlarged provided that the other provisions of this title are met. (Ord. 1654, 6-25-2013)
5. Commercial and general commercial uses, structures or premises designated in subsection (B)1(c) of this section may be modified or additions added (up to 10 percent of the current use area or not more than 400 square feet) providing a conditional use permit is obtained as required by sections 10-3-3 through 10-3-7 of this title.
6. Parcels and lots as designated in subsection (B)1(e) of this section may be developed or existing uses or structures expanded providing all other requirements of this title are met.
(E) A residential use nonconforming because of density may be reestablished with a conditional use permit as provided in sections 10-3-3 thorough 10-3-7 of this title and site plan review if required by section 10-4-9 of this title; provided, that the total floor area is not expanded and all other provisions of this title are met. (Ord. 1487, 1-14-1992)