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(A) Lawful non-conformance.
(1) The use of any dwelling, building, or structure which was existing and lawful at the time of the enactment of this code may be continued, although such use does not conform to the provisions of this code.
(2) The completion, restoration, reconstruction, extension, or substitution of nonconforming uses shall be subject to the provisions and conditions of subsections (A) through (I).
(B) Discontinuance and abandonment. In the event that the non-conforming use of any dwelling, building, structure, land, or premises is discontinued for six months, any further use thereof shall be in conformance with the provisions of this zoning code. For the purpose of this code, discontinued shall mean that the structure has remained vacant, unoccupied, unused, or has ceased the daily activity or operations which had previously occurred.
(C) Maintenance and repair. A non-conforming building may be continued to be used, and normal repairs and improvements may be made. For the purposes of this code, normal repairs shall include the ordinary maintenance of a building or structure and the replacement of equipment which is required for the safety of operation, and the replacement or substitution of machinery and equipment. It shall not include the replacement of structure parts of any non-conforming building or use, except when required by law to restore the structure to a safe condition or to make the building or use conforming.
(D) Restoration of damaged structures.
(1) Any non-conforming building, use, or structure, except a one or two household residence, which has been destroyed or damaged by fire, other casualty, act of God, to the extent of 60 percent or more of its cost of its fair market value, shall thereafter conform to all provisions of this code.
(2) Determination of the reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the city, and the third to be selected by the mutual consent of the two parties.
(3) In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six months of the destruction and repairs must be completed within six months of the issuance of the permit or the non-conforming structure or use shall be considered to be abandoned. The initial date of abandonment shall, in such case, be the date the initial destruction occurred.
(E) Alterations and extension prohibited. Any non-conforming building shall not be enlarged or structurally altered except to make it a conforming building. A non-conforming use may not be extended within a building, or be enlarged or added to in any manner.
(F) Non-conforming change prohibited. The non-conforming use of a building may be changed only to a use conforming to the district in which the building is located. Thereafter it shall not be changed back to the non-conforming use.
(G) Moving non-conforming structures. A non-conforming structure may be moved to a different location on the same lot or other parcel of land within the district with the approval of the Planning Commission after a hearing, and provided that all proper and adequate alterations necessary to make the structure conforming to the regulations of the district in which it will be located are guaranteed to the city by posting a bond or other adequate security as established by the city.
(H) Non-conforming parking facilities. A building or use existing lawfully at the time this code and any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied with the existing use without such parking and loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations applicable to the particular uses set forth in this code.
(I) Non-conformity due to amendments. The foregoing provisions of subsections (A) through (I) shall also apply to buildings, structures, land or other uses hereafter becoming non-conforming as a result of future reclassification of districts or of other amendments made to this code.
(Ord. 4-2016, passed 3-2-16)