A. Nonconforming Buildings And Structures:
1. Continued Use Of Nonconforming Buildings: The lawful use of a building existing at the time of the effective date hereof may be continued, except as provided in subsection C of this section, although such use does not conform with the provisions hereof. This provision shall also apply to nonconforming uses in districts hereafter changed.
2. Restoration Of Buildings Damaged By Fire, Explosion Or Act Of God: No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of fifty percent or more of its value at the time of the damage shall be restored except in conformity with the regulations in this zoning title. However, said building may be restored or constructed to its original height prior to said occurrence. The burden of proving what the height of a building was prior to the damage rests solely on the person invoking this provision.
3. Use Of Buildings Or Premises Discontinued Or Suspended: In the event that a nonconforming use of any building or premises is discontinued or suspended for a period of one year or more, the use of the same shall thereafter conform to the regulations of the district in which it is located. (Ord. 3105, 3-28-2005)
B. Enlargements And Alterations To Nonconforming Uses And Buildings: A nonconforming use or building shall not be enlarged or altered; however, in an R1 and R2 district, an enlargement or alteration may be permitted by the zoning administrator, provided the actual extension or enlargement itself conforms to all the provisions of this zoning title (in the event the existing building is nonconforming, the maximum allowable height shall be the existing height of the building or the R1 and R2 district height limitation, whichever is greater). The replacement in kind of a porch, addition, or any other appurtenances to the main building which is nonconforming, shall be permitted provided it does not increase the nonconformance of the building. The replacement of an accessory building shall conform to all the provisions of this zoning title. (Ord. 2733, 8-11-1997)
C. Removal Or Conversion Of Nonconforming Buildings: Except as provided in chapter 20 of this zoning title, all nonconforming commercial or industrial buildings or uses within any district shall be removed or converted, and the building thereafter devoted to a use permitted in the district, on or before May 6, 2002.
D. Validation Of Former Nonconforming Uses: No nonconforming structure that was erected, converted or structurally altered in violation of the provisions of any prior zoning title shall be validated by the adoption of the regulations contained in this zoning title, and such violations or any violation of this zoning title may be ordered removed or corrected by the proper officials at any time. (Ord. 2640, 5-23-1995)