(A) General.
(1) The unlawful use of a building existing at the time of the adoption of this chapter may be continued, although the use does not conform to the provisions hereof.
(2) A non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.
(3) The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed.
(4) Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restrictive use.
(B) Discontinuance.
(1) In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(2) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:
(a) The nonconformity or occupancy is discontinued for a period of more than 1 year; or
(b) Any non-conforming used is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(3) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(4) The city may permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety.
(5) This does not prohibit the city from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters or similar adults-only businesses, as defined by ordinance.
(C) Junk yards or salvage yards.
(1) A junk yard or salvage yard may continue as a non-conforming use in an Industrial District if it is completely enclosed within a building, fence, living screen planting or other device of a height so as to screen completely enclosed within a building, fence, living screen planting or other device of a height so as to screen completely the operations of the junk yard.
(2) The City Planning Commission and the City Council shall approve plans of a building or device before it is erected or put into place.
(D) Signs.
(1) Signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue.
(2) Signs must not be expanded in number, area, height or illumination.
(3) New signs not to exceed 35 square feet in aggregate area may be erected only after all other signs existing at the time of the adoption of this chapter have been removed.
(4) New signs in conformity with the above may have illumination on 1 face of the sign, but flashing, intermittent or moving illumination is not permitted.
(E) Residential alterations.
(1) Other improvements or alternations may be allowed to the extent that the current livability of the home is enhanced, but not to the extent that the useful life expectancy of the property would be increased.
(2) Examples of permitted improvements are: detached garages, open deck or patio, accessory building.
(3) Any small enclosures attached to the home such as around an entrance door is not to exceed 75 square feet.
(4) All setbacks must comply with those of the Residential District.
(5) Alterations may be made to a residential building containing non-conforming residential units when they will improve the habitability of the units, provided however, that they do not increase the number of dwelling units in the building.
(F) Normal maintenance. Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it includes necessary non-structural repairs and incidental alterations, which do not extend or intensify the non-conforming building or use.
(Ord passed 4- -1995; Am. Ord. passed 8- -2001)