(A) Legal nonconformities.
(1) A use of a property and improvements thereto that lawfully existed prior to the adoption of this Code or a subsequent amendment, that does not fully conform to newly adopted Code requirements, shall be deemed to be legally nonconforming with respect to said new requirements and shall allowed to retain and continue such legal nonconformities, subject to compliance with the provisions of this Code as they pertain to legal nonconformities.
(2) Similarly, a structure that lawfully existed prior to the adoption of this Code or a subsequent amendment, that does not fully conform to newly adopted Code requirements, shall be deemed to be legally nonconforming with respect to said new requirements and shall be allowed to retain and continue such legal nonconformities, subject to compliance with the provisions of this Code as they pertain to legal nonconformities.
(3) Said provisions shall also apply to legal nonconformities that were created by the adoption of any previous Zoning Code or amendment thereto, subject to the same restrictions and requirements that are required for a legal nonconformity that is newly created by the adoption of this Code.
(4) All legally nonconforming uses and structures shall be subject to the following restrictions and requirements.
(a) Only that portion of the property and other improvements, or structure, that existed on the date that the legal nonconformity was created by adoption of a code or amendment thereto may be continued or operated without complying with this Code in its entirety. A legally nonconforming use or structure shall not be extended, enlarged, moved, altered or reestablished or reconstructed, except when required to do so by law or to become compliant with this Code. Nothing shall prevent the continuance of a nonconforming use or structure as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property.
(b) Total lifetime structural repairs and alterations to structures and property improvements utilized for a legally nonconforming use, or to a legally nonconforming structure, shall not exceed 50% of the assessed value of the property improvements utilized for the legally nonconforming use, or of the legally nonconforming structure, at the time that the use or structure became legally nonconforming, except to make the legally nonconforming use, improvements or structure fully compliant with this Code.
(c) Existing fixtures and equipment shall not be replaced except to reduce or eliminate the legal nonconformity.
(B) Abolishment or replacement. If a legally nonconforming use is discontinued or terminated for a period of 12 consecutive months, all future use of the property and improvements thereto shall thereafter fully comply with this Code. If a legally nonconforming structure, or a structure used for a legally nonconforming use, is damaged or destroyed by fire, explosion, flood, the public enemy or other calamity, to the extent of more than 50% of its assessed value on the date that it first became legally nonconforming, it shall not be repaired, restored or rebuilt except in full compliance with this Code.
(C) Changes and substitutions. If a legally nonconforming use or structure becomes more conforming or fully compliant, whether by alteration, discontinuance or expiration, damage or destruction, or otherwise, it shall not revert back to any kind of nonconformity. If a use that is more conforming is substituted for or replaces an existing legal nonconforming use, the nonconformity shall thereafter be limited to the level of nonconformity of the substituted or replaced use.
(D) Record keeping. The Zoning Administrator shall maintain records for all legally nonconforming uses and structures from the time of becoming aware of the legally nonconformity until such date that it ceases to exist. Said city records should list the nature and extent of the nonconforming use of the property and improvements thereto; the date and Zoning Code or amendment thereto which caused it to become nonconforming; its assessed value on the date that the property became non-conforming; any and all modifications to the property or code that caused to become more conforming; any damages, deterioration, or other loss in value suffered by the property for any reason, to the extent relevant to the nonconformity; and any other information that may be relevant to the nonconformity.