§ 153.006  NONCONFORMING USES AND STRUCTURES.
   (A)   Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified.
   (B)   When a structure is declared unsafe by the Building Official, this chapter shall not prohibit the building from being made safe.
   (C)   When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
   (D)   Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be reconstructed and used as before if it is reconstructed within twelve months after the calamity, unless the damage to the building or structure is 50% or more of its fair market value. If the damage is 50% or more of its fair market value, the reconstruction shall be for a use in accordance with the provisions of this chapter, unless within six months, the owner applies for a conditional use permit for approval to reconstruct a nonconforming structure for its use prior to the damage. The Council may grant the permit, providing the structure complies with other ordinance requirements.
   (E)   Whenever a lawful nonconforming use of a structure or land is discontinued for a period of one year, any future use of the structure or land shall be in conformity with the provisions of this chapter.
   (F)   Any lawful nonconforming use of land not involving a structure, and any lawful nonconforming use involving a structure with an assessor’s full and true valuation upon the effective date of this chapter of $1,000 or less may be continued for a period of 36 months.
   (G)   Any lawful nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use; however, once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
   (H)   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is required, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
   (I)   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the liability thereof, provided they will not increase the number of dwelling units or bulk of the building.
(Ord. passed 10-11-1963; Ord. 01-14, passed - -)