(A) Nonconforming land. A lawful use of land existing on the date of enactment of this chapter may be continued, but if discontinued for a period of 12 consecutive calendar months, it shall not hereafter be resumed and any future use of such land shall be in conformity with the provisions of this chapter. The use of land if changed from a nonconforming use, shall be in conformity with the provisions of the specific district in which it is located.
(B) Nonconforming structure uses. A lawful use of a structure existing on the date of enactment of this chapter may be continued, and such use may be extended throughout the building or changed to another nonconforming use permitted in the same district provided no structural alterations except those required by law, and no additions or enlargements, are made to such building. If a non-conforming structure is discontinued for a period of 12 consecutive calendar months, it shall not hereafter be resumed and any future use of the structure shall be in conformity with the provisions of the specific district in which it is located.
(C) Restoration of structures. When a structure being used for a non-conforming use is destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by a public enemy to an extent exceeding 50% of its original value or, where a structure is destroyed or damaged to such an extent that its total demolition is required by existing or hereinafter adopted law or ordinance, or demolition is required to protect the public health or safety, any future structure or use shall conform to the provision of the specific district in which it is located.
(D) Residential alteration. Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units; provided, however, that they do not increase the number of dwelling units in the structure.
(E) District changes. The provisions of this section shall apply to any use that may become nonconforming due to a change in the classification of the district in which it is located.
(F) Conditional uses. Any use which is permitted in a district as a conditional use shall, upon its establishment, be considered a conforming use in that district, but subject to any requirements of a conditional use permit.
(G) Nuisance - general. No structure or use constituting a public nuisance pursuant to any section of the City Code or state law shall be allowed to continue as a nonconforming use under this section.
(H) Obstructions. Any structure, any portion of which is on the effective date of this chapter situated unlawfully within a public street or alley or other public way or thoroughfare, is declared to be a nonconforming use, whether or not its use is otherwise in conformity with the regulations of the district in which said structure is located. Such portions of structures may be removed by the city through appropriate legal action.
(I) Normal maintenance. Maintenance of a building or other structure containing or used for a nonconforming use will be permitted when it includes necessary nonstructural repairs and incidental alterations which do not extend or intensify the non-conforming building or use. Nothing in this section shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the city or other governmental authority.
(1975 Code, § 11.20) (Am. Ord. 70, passed 1-21-1986; Am. Ord. 102, 4th series, passed 4-2-2018)