Any lawful use of land or structures existing at the time of passage of the zoning chapter or subsequent amendment, may be continued with the following limitations:
1. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of this chapter. Use or occupation of an area of land is intended to mean only that land which is actually utilized by the nonconforming use and shall not be interpreted to include a larger area of land by virtue of ownership, intent to use or any other argument less than actual use and physical occupation by the nonconforming use.
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not physically occupied by such use at the time of adoption of this chapter.
3. Any nonconforming structure which has been damaged to the extent of 50% of its recent assessed value, as estimated immediately prior to the damage, shall not be repaired or reconstructed, except in conformity with this chapter.
(Ord. 2022-1010- Mar. 23 Supp.)
4. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
5. No nonconforming use may be substituted for any other nonconforming use.
6. A nonconforming use may be converted only to a conforming use. Once a use has been converted to a conforming use, it shall not be converted back to a nonconforming use.
7. No nonconforming use shall be established after having been discontinued for six months. Vacating of premises or building or non-operative status shall be evidence of discontinued use.
8. Premises used for open storage, signs and billboards not expressly permitted in residential zoning districts in which they are located and where such uses existed prior to adoption of this chapter, shall discontinue use upon adoption of this chapter and shall not be permitted to continue as nonconforming uses. Any such uses shall be in violation of this chapter.
9. A nonconforming use shall be terminated relating to any transfer or conveyance of portion of the property comprising the nonconforming use; however, a transfer or conveyance of the total property comprising the nonconforming use shall not terminate said nonconforming use.
10. Structural alterations may be made to nonconforming buildings to meet the minimum requirements of other city codes and to maintain the building in a safe condition.
11. Any use of land, use of structure or any structure in existence at the time of adoption of this chapter which was not an authorized nonconformity under previous zoning chapters, shall not be authorized to continue its nonconforming status pursuant to this chapter or amendments thereto.