1. Nonconforming Uses of Land. The lawful use of land upon which no building or structure is erected or constructed which becomes nonconforming under the terms of the ordinance from which the Zoning and Property Chapters derived or as they may be amended may be continued so long as it remains otherwise lawful, subject to the following:
A. 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 the ordinance adopting or amending said chapters.
B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel, which was not occupied by such use at the effective date of the ordinance adopting or amending said chapters.
C. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
2. Nonconforming Uses of Structures. If a lawful use of a structure or of a structure and land in combination exists at the effective date of the ordinance adopting or amending the Zoning and Property Chapters that would not be allowed in the district under the terms of said chapters, the use may be continued so long as it remains otherwise lawful, subject to the following:
A. No existing structure devoted entirely or in part to a use not permitted by said chapters in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.
B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance adopting or amending said chapters. No such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
D. If a nonconforming use of a structure or structure and land in combination is abandoned, the use of such shall thereafter conform to the uses permitted in the district in which it is located. A use shall be deemed abandoned if while such use has been discontinued the owner of the property makes any change to the property inconsistent with the resumption of such use. Changes inconsistent with the resumption of a use include, but are not limited to: placing the property to another use; or combining two or more dwelling units under one water, gas or electric meter; creating an opening between two dwelling units.
E. If a nonconforming use of a structure or structure and land in combination is discontinued for more than one year for any reason, the use of such shall thereafter conform to the uses permitted in the district in which it is located.
F. Any structure devoted to a use made nonconforming by said chapters that is destroyed by any means to an extent of fifty percent or more of its assessed value at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure be less than fifty percent destroyed above the foundation, it may be reconstructed and used as before, provided it is done within six months of such happening and is build of like or similar materials. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
G. Notwithstanding paragraph F above, if the nonconforming structure is a single family residence, is located in a Neighborhood Commercial (C-1) or Highway Commercial (C-2) zone, and prior to the destruction of the structure, the structure had an assessed valuation in excess of $50,000, the nonconforming structure may be reconstructed in compliance with the following requirements. The reconstructed structure must conform with all setback requirements for single family residences in a Single Family Low-Density District zone. The reconstructed structure may not be altered or enlarged in a way which increases its nonconformity. Reconstruction must commence within six months of destruction and must be completed within twelve months of destruction. An extension of the twelve month completion time may be granted by the City Manager for good cause shown.
3. Nonconforming Structures, Including Signs. Where a structure other than a sign exists at the effective date of the ordinance adopting or amending said chapters that could not be built under the terms of the chapters because of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following:
A. No such structure may be enlarged or altered in a way which increases its nonconformity.
B. If such structure is destroyed by any means to an extent of 50 percent or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this chapter. Any single-family semidetached or two-family dwelling which was a conforming structure on the effective date of this ordinance may be structurally altered, and if destroyed may be reconstructed and used as before, provided such reconstruction is commenced within six months of such destruction and diligently pursued to completion.