Unless otherwise approved by the planning commission, a nonconforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, and a nonconforming structure shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it nonconforming, except as follows:
A. Substitution Or Extension:
1. When authorized by the planning commission in accordance with this development code, a nonconforming use which is determined to be of a more desirable nature may be substituted for another nonconforming use or to more closely meet the use permitted in the district in which it is located.
2. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
3. Repairs and structural alterations may be made to a nonconforming structure provided that the floor space of such structure is not increased.
4. A structure lacking sufficient automobile parking space in connection therewith as required by this Development Code may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Development Code for such alterations or enlargement.
5. In the event a nonconforming structure is damaged or partially destroyed by calamity or act of nature to the extent of not more than one-half (1/2) of its market value, the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed provided that restoration is started within a period of six (6) months and is diligently pursued to completion. In the event such damage or destruction exceeds one-half (1/2) of its market value of such nonconforming building or structure, no repairs or reconstruction shall be made except in the case of residences or accessory farm buildings unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located, as determined by the City and other requirements as may be imposed at site plan review.
6. Application for substitution, enlargement, or extension of a nonconforming use as provided in this section shall be made to the Planning Commission.
7. A vacant building or structure may be occupied by a use for which the structure is designed or intended if so occupied within a period of one year after the use became nonconforming.
B. Cessation Of Use: A use shall be deemed to have ceased when it has been discontinued for a period of one year or more, whether or not the intent is to abandon said use. (Ord. 12-15, 7-11-2012)
C. Appeal: Any person adversely affected by a decision of the Planning Commission regarding nonconforming uses or noncomplying structures may, within ten (10) days of the decision, appeal the decision to the Hearing Officer by alleging that there is error in any order, requirement, decision, or determination made by the Planning Commission. (Ord. 18-09, 2-28-2018)