(A) Any nonconformity, including the lawful use or occupation of land or premises existing on November 14, 2005 may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of the greater than 50% of its market value and no building permit has been applied for within 180 days of when the property is damaged. The city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(B) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(C) Nothing in this section shall limit the city’s ability to enforce its nuisance or other regulations designed to protect the public health, safety and welfare against any non-conforming use.
(Ord. 102, passed 7-9-01; Am. Ord. 102-O, passed 11-14-05)