If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. Additions Or Alterations: Unless permitted in accordance with section 8-5-2C of this title, no existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. Notwithstanding the foregoing, when a residential dwelling is destroyed due to catastrophic fire or other natural disaster it may be rebuilt, subject to reasonable regulation by the city, upon the structure's original footprint. A permit for reconstruction shall be obtained within six (6) months of the fire or natural disaster event.
B. Expansion: No nonconforming use shall be extended to occupy any additional land area.
C. Change Of Nonconforming Use: Any nonconforming use of a structure and land may, upon the issuance of a conditional use permit by the council, be changed to another nonconforming use; provided, that the council shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the council may require appropriate conditions and safeguards in accord with other provisions of this title. Upon the change of a nonconforming use to another nonconforming use through the issuance of a conditional use permit, the terms and provisions of the conditional use permit shall prevail and the previous nonconforming use rights shall no longer exist. If any term or condition of the conditional use permit is violated, the conditional use permit may be revoked, at which time the use will be considered an illegal use. Thereafter, the use and zoning shall conform to those permitted or conditional uses allowed under the zoning code in effect at that time.
D. Change To Conforming Use: Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. Discontinuance Of Nonconforming Use: When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
F. Elimination Of Nonconforming Structure: 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, except as otherwise may be permitted in this section.
(Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 756, 8-23-2016; Ord. 820, 12-10-2019)