(A) Any lawful use of land or structures existing at the time of passage of the zoning chapter or subsequent amendment, may be continued with the following limitations.
(1) No such non-conforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of this chapter, except in compliance with the provisions of this chapter. Use or occupation of an area of land is intended to mean only that land which is actually utilized by the non-conforming use and shall not be interpreted to include a larger area of land by virtue of ownership, intent to use or any other argument less than actual use and physical occupation by the non-conforming use.
(2) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not physically occupied by such use at the time of adoption of this chapter.
(3) Any non-conforming structure or structure containing a non-conforming use which has been damaged or destroyed by accident, fire, explosion, natural disaster or public enemy may be repaired or reconstructed on the existing footprint of the building, as long as the degree of non-conformity is not increased. The use is permitted to continue as it existed before the damage.
(4) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land.
(5) No non-conforming use of greater intensity may be substituted for any other non- conforming use.
(6) Once a use has been converted to a conforming use, it shall not be converted back to a non-conforming use.
(7) No non-conforming use shall be established after having been discontinued for six months. Vacating of premises or building or non-operative status shall be evidence of discontinued use.
(8) Premises used for open storage, signs and billboards not expressly permitted in residential zoning districts in which they are located and where such uses existed prior to adoption of this chapter shall discontinue use upon adoption of this chapter and shall not be permitted to continue as non-conforming uses. Any such uses shall be in violation of this chapter.
(9) Structural alterations may be made to non-conforming buildings to meet the minimum requirements of other city codes and to maintain the building in a safe condition.
(10) Any use of land, use of structure or any structure in existence at the time of adoption of this chapter which was not an authorized non-conformity under previous zoning chapters, shall not be authorized to continue its non-conforming status pursuant to this chapter or amendments thereto.
(B) In any event, restoration or repair of the building or other structure shall be started within the period of six months from the date of damage or destruction and diligently prosecuted to completion.
(C) Unless authorized by the Board of Adjustment, a non-conforming building may be enlarged or extended only if the addition is made to conform to all the regulations of the district in which it is located; provided that, the Board of Adjustment may authorize additions to and enlargements of non-conforming uses as an authorized variance without insisting upon the requirement of this section.
(2011 Code, § 34.0305)