(a) A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with this chapter may be continued, subject to the following conditions:
(1) No such use or substantial improvement of that use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity;
(2) If such use is discontinued for twelve consecutive months, any future use of the building or premises shall conform to this chapter. The Utility Department shall notify the City Inspector in writing of instances of nonconforming uses where utility services have been discontinued for a period of twelve months.
(3) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
(b) If a residential nonconforming use or structure is destroyed by any means, including a flood, it shall not be reconstructed if the cost is more than fifty percent of the market value of the structure before the damage occurred within the areas identified as the floodway (FW). This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed in the National Register of Historic Places or a State Inventory of Historic Places.
(c) If a nonresidential nonconforming use or structure is destroyed by any means, including a flood, it shall not be reconstructed if the cost is more than fifty percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with this chapter. This limitation does not include the cost of any alteration of a structure listed in the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 1114. Passed 2-23-88.)