Any structure or use lawfully existing on the effective date of the Zoning Code may be continued at the size and in a manner of operation existing upon such date subject to the following regulations:
(A) Safe condition. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the city.
(B) Change to conforming use. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non- conforming use.
(C) Damaged structure. When any lawful non-conforming use of any structure or land in any district is damaged by wind, fire, flood, explosion, earthquake, war, riot or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no building permit has been applied for within one hundred eighty (180) days of the date of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The Zoning Administrator shall be responsible for making the determination whether a non-conforming use of any structure or land has been destroyed greater than fifty percent (50%) of it assessed market value at the time of the destruction. In making this determination, the Zoning Administrator shall consider the assessed market value of the entire non-conforming use. This determination shall be reviewed and approved by the City Administrator. In the event that a building permit is applied for within one hundred eighty (180) days of the date of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties.
(D) Discontinuance of use. Whenever a lawful, non-conforming use of a building, structure, or land is discontinued for a period of six (6) months, any future use of said building, structure, or land shall be in conformity with the provisions of the Zoning Code.
(E) Maintenance. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
(F) Change of use. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity. The Planning Commission and City Council shall determine if the proposed use is appropriate, provided that they find the proposed use lessens the non-conformity. In permitting such change, the City Council may impose conditions and safeguards consistent with the purpose and intent of the Zoning Code.
(G) Alterations. Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999