The lawful use of any land or buildings existing on the effective date of this section, unless extended by approval of a special use permit, may be continued through repair and maintenance, even if the use does not conform to the regulations of this chapter, except as provided below.
(A) Nonconforming buildings.
(1) Alterations. A nonconforming building or structure shall not be reconstructed or altered to an extent exceeding 25% of its market value for assessment purposes, or $5,000, whichever is greater, unless the building or structure is changed to conform with the regulations of this chapter.
(2) Enlargement. A nonconforming building or structure shall not be added to or enlarged in any manner unless the additions or enlargements are made so as to bring the building or structure into conformity with the regulations of this chapter.
(3) Restoration. A nonconforming building or structure which is damaged by fire or other cause to the extent of more than 50% of its market value shall not be restored except in conformity with the regulations of this chapter.
(B) Nonconforming use of building or land.
(1) Extension. A nonconforming use of a building may be extended throughout the building provided no structural alterations are made therein except as required by other codes or city code provisions, but a nonconforming use of land shall not be expanded or enlarged.
(2) Relocation. A nonconforming use shall not be moved to any part of the parcel of land upon which the same was conducted on the effective date of this section.
(3) Abandonment. A nonconforming use of a building or land which has been discontinued for a period of one year shall not be re-established and any future use shall be in conformity with the regulations of this chapter.
(4) Nonconforming uses in the Flood Fringe District. If any nonconforming structure is destroyed by any means, including floods, to an extent of 50% of its market value for assessment purposes, it shall not be reconstructed except in conformity with the provisions of this chapter; however, the Board of Adjustment may issue a special use permit for reconstruction if the structure is located outside of the Floodway District and, upon reconstruction, is adequately flood-proofed, elevated or otherwise protected in conformity with the provisions of this chapter. Furthermore, any addition or alteration to any nonconforming structure which would result in increasing its flood damage potential shall be protected in accordance with the provisions of this chapter.
(2003 Code, § 9.60) (Ord. passed 2-16-1953; Ord. 77-4, passed 4-8-1977; Ord. 31, passed 5-17-1991; Ord. 106, passed 12-6-2002)