(a) Continuation of Structure. Any legally established nonconforming structure that does not conform to the provisions of this title with regard to maximum permitted height, minimum required setback, and/or maximum permitted encroachment into required yard areas may be continued indefinitely.
(b) Exceptions. The following are the exceptions to the indefinite continuation of a legal nonconforming structure:
(1) Residential structures. Any increase in the number of residential units for buildings designed and occupied for residential use.
(2) Nonresidential structures. Any nonresidential building, structure, or facility designed or intended only for uses which are nonconforming shall be removed, or the design and use thereof shall be made conforming in all respects within twenty-five years from the date of construction or the effective date of this zoning ordinance, whichever is later.
(3) Utilities. Any new or replacement utility/mechanical facilities, equipment, or construction shall conform to the maximum extent feasible, as determined by the community development director.
(4) Fences and landscaping. Any fences and landscaped buffers that are required along property lines shall be provided at the time of any expansion or intensification of a nonresidential use.
(5) Encroachments in commercial zoning districts. Within the commercial zoning districts, any nonconforming encroachment into required yards may be required to be removed or reduced upon review by the approving authority as follows:
(A) When an expansion in floor area which is greater than fifty percent of the existing floor area is proposed for any structure maintaining a nonconforming encroachment, or
(B) When an expansion in floor area is proposed anywhere within an integrated development which is greater than fifty percent of the total floor area of all structures within the integrated development.
(6) Outdoor storage and display. Trash areas or facilities, outdoor storage areas, and outdoor display areas shall be made fully conforming at the time of any expansion or intensification of use on the site.
(Ord. 612 Exhibit A (part), 2008).