A. Continuing Existing Nonconforming Uses: Except as hereinafter specified, any use, building, or structure existing on the effective date hereof may be continued, even though such use, building, or structure may not conform with provisions hereof for the district in which it is located; provided, however, that this section does not apply to any use, building, or structure established in violation of any zoning regulation previously in effect in the city, unless said use, building, or structure now conforms with these regulations.
B. Limitation On Nonconforming Uses:
1. No nonconforming use of a building or land shall be enlarged, extended, reconstructed, substituted, or structurally altered, unless:
a. Such change is required by law or order; or
b. The use thereof is changed to a use permitted in the district in which the building or land is located; or
c. Authority is granted by the board of adjustment to extend a nonconforming use or substitute another nonconforming use for a nonconforming use; or
d. Authority is granted by the board of adjustment to enlarge or complete a building devoted to a nonconforming use upon a lot occupied by such building where such extension is necessary and incidental to the existing use of such building; or
e. Authority has been granted by the board of adjustment to extend a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became nonconforming, if no structural alterations, except those required by law, are made therein.
2. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
C. Cessation Of Use Of Building Or Land:
1. A lawful nonconforming use of a building or structure that has been voluntarily discontinued for a period of one year shall not thereafter be resumed.
2. A lawful nonconforming use of land that does not involve improvements with an assessed value in excess of one thousand dollars ($1,000.00) that has been voluntarily discontinued for a period of sixty (60) days shall not thereafter be resumed.
3. A nonconforming commercial or industrial use of land shall be discontinued within one year, unless on the effective date hereof the assessed value of buildings located on the property was in excess of one thousand dollars ($1,000.00). Any such nonconforming use of land which becomes nonconforming by reason of subsequent amendments to these regulations shall also be discontinued within one year from the date of such amendment.
D. Discontinuance Of Nonconforming Signs: All nonconforming signs, billboards, or commercial advertising structures shall be discontinued within three (3) years from the effective date hereof, except that nonconforming as specifically describing the business or nature of a lawful nonconforming building, structure, or use on the premises may be maintained during the lawful lifetime of the building, structure, or use.
E. Construction Approved Prior To These Regulations: Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated uses of any development, building, structure, or part thereof, where official approvals and required building permits have been granted before the enactment of these regulations, or any amendment thereof, the construction of which, conforming with such plans, shall have been started prior to the effective date hereof and completion thereof carried on in a normal manner within the subsequent six (6) month period, and not discontinued until completion, except for reasons beyond the builder's control.
F. Replacement Of Damaged Or Destroyed Nonconforming Uses: Any nonconforming building or structure damaged more than fifty percent (50%) of its then appraised value for tax purposes, exclusive of foundations, by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but if less than fifty percent (50%) damaged above the foundation, it may be restored, reconstruction to be completed within twelve (12) months of such happening.
G. Repairs To Nonconforming Uses, Limitation: Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure; provided, that no structural alterations shall be made except such as are required by law or ordinance. Except as otherwise provided elsewhere herein, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent (50%) of its then assessed value for tax purposes at such time, unless such building or structure is changed to a conforming use. (1985 Code ch. 16 § 8-1)