SEC. 16-508. BUILDING LIMITATIONS.

   The following regulations shall apply to all nonconforming uses, buildings and structures, or parts thereof:

   (A)   Any nonconforming building or structure may be continued and maintained provided that there is no physical change other than necessary maintenance and repair to such building or structure except as permitted in other sections of this article.

   (B)   Any nonconforming use of a conforming building may be maintained and continued provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use except as otherwise provided in this article.

   (C)   Any part of the building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this chapter shall not thereafter be used or occupied by a nonconforming use.

   (D)   Any part of a building, structure or land occupied by a nonconforming use, which use is discontinued or ceases for a period of six months or more, shall not again be used or occupied for a nonconforming use.

   (E)   If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification.

   (F)   Any otherwise conforming building or structure that is not located in a residential zone and that is nonconforming only because it does not comply with the setback or parking requirements established by this chapter, may be refurbished, remodeled, structurally altered or enlarged providing the following conditions are met:

      (1)   A special use permit subject to reasonable conditions is approved as provided in sections 16-530 to 16-553 inclusive;

      (2)   After refurbishing, remodeling, structural alteration or enlargement, the building or structure meets all other provisions of this chapter except setbacks and parking; and

      (3)   The owner of the building or structure enters into an agreement with the city to vote in favor of the formation of a parking district and the imposition of assessments therein, in the event a parking district is proposed. The agreement shall be recorded.

   (G)   Any otherwise conforming building or structure that is used for neighborhood shopping center or residential purposes, that is located in a neighborhood commercial zone, and that is nonconforming only because it does not comply with the setback, parking, landscaping, lot area or minimum lot dimensions required by the neighborhood commercial zone, may be reoccupied, refurbished, remodeled, structurally altered or enlarged.

   (H)   Any otherwise conforming building or structure used for residential purposes and located in a residential zone that is nonconforming only because it does not comply with the setback or parking requirements established by this chapter may be refurbished, remodeled, structurally altered or enlarged providing that the following conditions are met:

      (1)   The building after refurbishing, remodeling, structurally altering or enlarging, meets all other provisions of the city code except setbacks and parking; provided, however, that single-family dwellings to which one or more bedrooms are added meet all provisions of the city code except setbacks;

      (2)   The refurbishing, remodeling, structural alterations or enlarging will not increase the need for parking or eliminate any required parking space; provided, however, that the addition of one or more bedrooms to a single-family dwelling shall provide all required parking spaces; and

      (3)   The refurbishing, remodeling, structural alteration or enlargement will not increase any nonconforming setback.

(`64 Code, Sec. 34-116) (Ord. No. 734, 1012, 1176, 1295, 1565, 2695)