A. Any use lawfully occupying a building or land at the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.
B. A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.
C. No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.
D. No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date hereof, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.
E. Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the physical structure may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided, however, that nothing in this chapter shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%); provided, that such restoration is started within one calendar year and diligently prosecuted to completion. If the building shall not be restored, demolition of the structure must be accomplished within six (6) months of the calamity (which may be extended upon permission of the City).
F. Whenever a nonconforming use of land or building has been discontinued for a period of one year, with the exception of nonconforming agricultural uses which must be discontinued for a period of three (3) years, such use shall not thereafter be reestablished, and the uses of the premises thereafter shall be in conformity with the regulations of the use zone.
G. Any building for which a building or a zoning permit has been issued or the construction of which has been otherwise authorized by the City, which is intended or designed for a nonconforming use, the construction of which has not been started as of the effective date hereof, or which has been started but not completed as of the effective date hereof, may be completed and put to such nonconforming use providing that construction of said building is completed within one year of the effective date hereof. The uses of any such building, the construction of which is not completed within said one year period, shall be in conformity with the regulations of the zone in which such building is located. (Ord. 311 § 1, 1999)
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