(A) The lawful use of a structure existing at the original effective date of this chapter, or amendments thereto, or other prior zoning regulations which, under the provisions of the ordinances or regulations do not conform to the provisions therein, shall be discontinued within a reasonable period of amortization of the structure thereafter. A reasonable period of amortization shall begin after the date of the adoption of the ordinance or regulation finding it to be non-conforming and shall be considered to be 40 years for buildings of ordinary wood construction, 50 years for buildings of wood and masonry construction and 60 years for buildings of fire-proof type construction. The reasonable period of amortization for other structures shall be ten years.
(B) No structure which contains a non-conforming use may be enlarged, extended, converted, reconstructed or structurally altered unless the use of the structure is changed to one permitted within the district in which the building is located and the non-conforming use thereof shall not thereafter be resumed.
(C) No structure containing a non-conforming use destroyed by any peril or means to an extent where the cost to repair the damage to the structure equals or exceeds the most current assessor’s market value prior to the time of the damage shall be reconstructed or repaired, except in conformity with the provisions of this chapter.
(D) Should the structure containing a non-conforming use be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) When a structure containing a non-conforming use, or the use and premises in combination, is discontinued or abandoned for six consecutive months or any 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located.
(F) Whenever a structure containing a non-conforming use, or the use and premises in combination, loses its right to lawful use under the provisions of this section, the Council may, at any time thereafter, require the use of such structure to conform to the regulations of the district in which it is located or its removal and destruction. Failure on the part of the Council to make the requirement within any period of time after its use becomes unlawful shall not abrogate its right to do so at any future time.
(G) On any structure devoted in whole or in part to any non-conforming use, work may be done in any 12 consecutive month period on ordinary repairs and maintenance to non-bearing non-structural walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the most current assessed market value of the structure; provided that, the cubical and habitable space content of the building as it existed at the time it became non-conforming shall not be increased.
(H) Nothing in this section shall be construed so as to prevent the restoring of a structure containing a non-conforming use to a safe condition when the structure is declared to be hazardous or unsafe by an authorized government official unless the cost of the restoration equals or exceeds the most current assessor’s market value of the structure or a conditional use permit is obtained. The restoration shall not extend the non-conforming use of a structure in any manner, except as reasonably required to eliminate the hazardous or unsafe condition, nor shall the amortization period for its existence be extended. Non-structural and minor alterations may be made to any residential structure containing non-conforming residential dwelling units when the same will improve the liveability of the units; provided that, it does not increase the number of dwelling units in the structure. Any non-conforming use of a structure, or non-conforming use of a structure and premises combination, to which its non-conformance relates solely to floodplain regulations may, if permitted by the regulations, alter the structure for purposes of substantially reducing potential flood damages to the entire structure. In no event shall any repair or maintenance or other alteration to a non-conforming use of a structure be allowed which would extend or intensify the non-conforming use of the structure.
(Prior Code, § 11.23)