Non-conforming land uses may continue at the size, intensity, and in the manner of operation existing upon the date it became non-conforming, for as long as it can comply with the following:
(A) There may be no expansion, enlargement, intensification, replacement, structural change, alteration, or relocation of any use or any site element of any non-conforming land use except to make it conforming.
(B) A non-conforming use may not be changed to another non-conforming use.
(C) When any non-conforming use has been changed to a conforming use, it may not later be changed to a non-conforming use.
(D) A non-conforming use may be changed to lessen the non-conformity. Once lessened, the use may not be changed to increase the non-conformity.
(E) No non-conforming use may be re-established if discontinued for a period of 364 continuous days calculated from the date of discontinuance. Following the expiration of this time period, only those uses classified as permitted or conditional, if approved by the City Council, may be allowed by this chapter.
(F) Any non-conforming use that requires a license, permit or other evidence of city approval, initially issued lawfully prior to the non-conformity, may be conducted in accordance with the terms of the city’s approval, provided that the use has not been abandoned for a period of more than 364 continuous days. The license, permit or other evidence of city approval ceases at the time the non-conformity ceases to exist.
(G) Removal or destruction of a structure or improvement housing a non-conforming land use to the extent of more than 50% of its estimated market value, excluding land value and as determined by the City Assessor, may terminate the right to continue any non-conforming land use.
(Ord. 2000-936)