(a) Continuation. Subject to the provisions of this section, a nonconforming structure or use may be continued but shall not be altered or extended, except as provided herein.
(b) Reinstatement. Following the procedure set forth in this section, the Planning Commission may authorize the reinstatement or resumption of a discontinued nonconforming use subject to the following limitations:
(1) If a nonconforming use is discontinued from active use for six months, it shall not be reinstated or resumed unless specifically approved by the Planning Commission;
(2) If a nonconforming use is changed, it shall be changed only to a use conforming with the zoning regulations and once changed it shall not be changed back again to the original nonconforming use;
(3) If a nonconforming structure or a structure containing a nonconforming use is destroyed or damaged by any cause to the extent requiring the discontinuance of the use while effecting repairs, a future structure or use on the property shall conform to the provisions of this title unless reinstatement or resumption of the original structure is specifically approved by the Planning Commission.
(c) Alteration. Following the procedure set forth in this section, the Planning Commission may authorize the alteration of a nonconforming use or structure subject to the following limitations:
(1) A nonconforming use may be permitted to decrease or enlarge up to 20% in gross floor area or, in those cases not involving structures, up to 10% of land area as existing on July 1, 1981;
(2) A structure conforming as to use but nonconforming as to setback or yard may be altered or extended providing the alteration or extension does not result in a violation of this title.
(d) Completion of building. Nothing contained in this title shall require any change in the plans, alteration, construction or designated use of a building for which a building permit has been issued and construction work has commenced prior to July 1, 1981, except that if the designated use will be nonconforming it shall, for the purpose of this section, be a discontinued use if not in operation within one year of the date of issuance of the building permit.
(e) Unoccupied building. If a building is nonconforming by the standards of this title and is unoccupied on July 1, 1981, it shall be classified as a discontinued use and a nonconforming use and can be reinstated or resumed under the requirements of this section.
(f) Application for reinstatement or alteration. A request for reinstatement or enlargement of a nonconforming use may be initiated by a property owner or his authorized agent by filing an application with the City Clerk.
(Ord. 81-12, passed 6-3-81)