§ 152.032  NONCONFORMING USES AND STRUCTURES.
   (A)   Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon the date as hereinafter specified.
   (B)   Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Zoning Officer, providing the necessary repairs shall not constitute more than 50% of replacement value of the structure.
   (C)   When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
   (D)   A lawful nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use. Once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
   (E)   Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be reconstructed and used as before if it is reconstructed within 12 months after the calamity, unless the damage to the building or structure if 50% or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this chapter.
   (F)   Whenever a lawful nonconforming use of a structure or land is voluntarily discontinued and remains discontinued after a notice by the city for a period of 30 days, any future use of the structure or land shall be in conformity with the provisions of this chapter.
   (G)   Any lawful nonconforming use of land not involving a structure, and any lawful nonconforming use involving a structure with an assessed market value upon the effective date of this chapter of $1,000 or less, may be continued for a period of 36 months after the effective date of this chapter, whereupon the nonconforming use shall cease, unless brought into conformity.
   (H)   Any proposed structure which will, under this chapter become nonconforming but for which a zoning permit has been lawfully granted, not more than six months prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this chapter, and continues to completion within two years. The structure and use shall thereafter be a legally existing nonconforming structure and use.
   (I)   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
   (J)   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building.
(Ord. 110, passed 4-23-1991)  Penalty, see § 152.999