If lawful use of the structure or of structures and premises existing at the effective date of adoption or amendment hereof 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:
(A) Enlarged, extended, or 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;
(B) Extension of use in same 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;
(C) Change to other nonconforming use. Nonconforming use of building, structures, or premises may be changed to another nonconforming use provided that a conditional use permit is obtained from the City Council. In determining whether or not to grant the conditional use permit, the City Council, after recommendation from the Planning Board, shall determine that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use;
(D) Additional conditions or safeguards. In permitting such use, the City Council may require appropriate conditions or safeguards;
(E) Superseded by permitted use. Any structure or structure and land in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed;
(F) Cease in use. Whenever a nonconforming use of a structure or premises ceases for 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 CEASE, as used in this section, shall mean that the activity in question has not been in operation for a period of 90 days; and
(G) Removal or destruction. Where nonconforming use status applies to both structures and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(2015 Code, § 11-22-5) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999