Subd. 1   Nonconforming Use of Land or Buildings. A nonconforming use of land or buildings may be continued subject to the provisions of this Section, but it is the intent of this Code not to encourage its survival because of its incompatibility with permitted uses in the zoning district in which it is located.

   Subd. 2   Nonconforming Buildings. A building found to be non-conforming because of height, setbacks or lot area, may continue to exist so long as it is used for purposes permitted in the zoning district in which it is located and is in conformance with Section 1350.02.

   Any nonconformity, including the lawful use or occupation of land or premises shall not be expanded but may be continued, including through repair, replacement, restoration, maintenance, or improvement, unless:

   Subd. 1   The nonconforming use or occupancy is discontinued or ceases to exist for any reason for a one-year period. The building or structure constituting or containing the nonconforming use, or the land upon which the nonconforming use is being conducted, shall thereafter be used in conformance with the regulations of this Code applicable to the zoning district in which it is located.

   Subd. 2   The nonconforming use or occupancy is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value on the date immediately prior to the date on which such damage or destruction occurred as determined by the Building Official, and no building permit has been applied for within one hundred and eighty (180) days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

   Nonconforming uses shall not be changed to a different nonconforming use, enlarged, intensified, increased, extended to occupy a greater area of the lot on which it is located, or moved to any other part of the lot or building on which it is located.

   Nonconforming buildings shall not be increased, enlarged, altered, intensified, or extended to occupy a greater area or height on the lot on which the building is located, or moved to any other part of the lot on which the building is located in a way that augments its nonconformity.

   Nothing in this Code shall be deemed to prevent the restoration to a safe condition of any building or structure, or portion thereof, constituting or containing a nonconforming use, which has been declared unsafe by the building inspector or other administrative officer.

   To avoid hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been issued and the construction of which has begun prior to the effective date of this Code or any amendment hereto.