(a) Construction Already Commenced. Any building or structure; the construction or planned use of which does not conform to the requirements of this Zoning Code at the time this Code was enacted (Ordinance 1049, passed February 26, 1985), but a building permit for which had been issued and the construction of which had been commenced at the time this Code was enacted, may be completed in accordance with the plans with respect to which the building permit was issued if the construction is completed within one year after the building permit was issued, In such event, such planned use of the building or structure is a nonconforming use.
(b) Repairs. A building or structure whose use is nonconforming shall be kept in repair and in sound condition.
(c) Enlargement or Moving. A building or structure whose use is nonforming shall not be enlarged or increased to occupy more area than such building occupied on its lot or tract of land when this Zoning Code was enacted, (Ordinance 1049, passed February 26, 1985), nor may its nonconforming use be enlarged or increased within such building or structure. However, if the only nonconforming use is a legal nonconforming use in relation to setback requirements, the existence of such nonconforming use shall not prohibit:
(1) The construction of an addition to a building or structure, or the construction of an accessory building, which does not otherwise fail to conform to the requirements of this Zoning Code; or
(2) The enlargement or increase of a use within a building or structure which does not otherwise fail to conform to the requirements of this Code.
A building or structure whose use is nonconforming shall not be moved in whole or in part to any other part of a lot or tract of land it occupies so long as any part of its use is nonconforming.
(d) Damaged. A building or structure whose use is nonconforming and which is damaged or partially destroyed by fire, flood, wind, earthquake or any other calamity, so that its fair market value after the damage or partial destruction is more than fifty percent of its appraised value established for tax purposes immediately before the damage or partial destruction, may be restored to its former condition and its nonconforming use continued if restoration is begun within one year after the damage or partial destruction and diligently continued to completion. If the fair market value of such building or structure after such damage or partial destruction is less than fifty percent of its appraised value established for tax purposes immediately before the damage or partial destruction, such building or structure may be repaired, restored or reconstructed only if after repair, restoration or reconstruction the building or structure complies with all requirements of this Zoning Code. However, any repair, restoration or reconstruction of a building or structure must comply fully with the City's ordinances regulating such work.
(e) Conversion to a Conforming Use. The nonconforming use of land on which, at the time of enactment of this Zoning Code there is no building having an assessed valuation for tax purposes in excess of seven hundred fifty dollars ($750.00), shall be converted to a use conforming with this Code within a period of five years if located within an R Zone, or within three years if located within an O-P, C or M Zone.
(f) Different Nonconforming Use. The use of any building or structure which is nonconforming shall not be changed to a different nonconforming use, except one that is of the same or a more restrictive classification.
(Ord. 1049. Passed 2-26-85.)