A use of land or building or land and building in combination lawfully existing on the effective date of this Zoning Code, or when any amendment to this Zoning Code becomes effective, may be continued and necessary maintenance and repairs made, so long as it remains otherwise lawful, subject to the following provisions:
(a) Alterations. Upon the consideration and recommendation of the Planning Commission and only upon the approval of Council shall a building or structure containing a nonconforming use be altered, improved, or reconstructed, provided the work does not exceed in aggregate cost the assessed value of the building or structure. Otherwise the building or structure shall be changed to a conforming use.
(b) Extension. Upon the consideration and recommendation of the Planning Commission and only upon the approval of Council shall a building or structure containing a nonconforming use be extended. The extension of a lawful use to any portion of a building or structure which existed prior to the enactment of this Zoning Code shall not be deemed the extension of the nonconforming use.
(c) Change in Use. A nonconforming use may be changed to another nonconforming use provided that Council, upon prior consideration and recommendation by the Planning Commission, determines that the proposed nonconforming use is less in conflict with the character and intent of the zoning district than the existing nonconforming use. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. 2007-222. Passed 1-10-08.)