§ 153.162 NONCONFORMING USE OF LAND OR STRUCTURES.
   A nonconforming use of land or structures may be continued subject to the provisions of this subchapter, but it is the intent of this chapter not to encourage its survival because of its incompatibility with permitted uses in the zoning district in which it is located.
   (A)   Normal maintenance. Maintenance of a building or other structure containing or used for a nonconforming use may be permitted when it includes necessary non-structural repairs and incidental alterations that do not extend or intensify the nonconforming building or use. Nothing in this chapter shall prevent making a structure safe when the structure has been declared to be unsafe by the city.
   (B)   Moving. No structure devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
   (C)   Change to different nonconforming use. No nonconforming use shall be changed to a different nonconforming use, enlarged, intensified, increased, or extended to occupy a greater area of the lot on which it is located.
   (D)   Restoration. No person may restore a building that has been damaged to the extent of more than 50% of its value by fire, explosion, act of God, or public enemy, except in conformity with the regulations of this chapter.
   (E)   Discontinuance. In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of at least 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(Ord. 109, 5th Series, passed 6-3-1999)