A. Continued Use: If lawful use of a structure or of structures and premises, exists at the effective date of adoption or amendment hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful; providing, that:
1. Enlarged, Extended, Constructed, Or Structurally Altered: No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered unless the use is changed to a permitted use.
2. Extended To Another Part Of Building: Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.
3. Superseded By Permitted Use: Any structure or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed.
4. Cease In Use: Whenever a nonconforming use of a structure or premises ceases for ninety (90) days, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term “ceases” as used in this subsection shall mean that the activity in question has not been in operation for a period of ninety (90) days.
5. Status Applies To Both Use And Land: Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
B. Lack Of Off-Street Parking Or Loading: For the purpose of this chapter, the lack of required off-street parking as specified in 10-4-4 of this title as applied to the Downtown District shall not render structures as nonconforming as of the passage hereof. (Ord. 2023-7, 7-17-2023)