(a)

The lawful nonconforming use of a structure or land, including but not limited to fences, parking and zoning setbacks existing on the date of adoption of the ordinance from which this article is derived may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article.

(b)

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this article; provided when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted; provided all other regulations governing the new use are complied with.

(c)

Substitution of new equipment may be permitted by the board of zoning appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(d)

When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of more than 50 percent of its current market value as determined by the board of appeals, it shall not be restored except in conformity with the regulations of the district in which it is located. The board of appeals shall consider the state equalization value of the property and the percentage adopted for the town in which such property is located, and shall follow such equalization factor in determining the fair market value of the building. The total structural repairs or alterations in any nonconforming use shall not during its life exceed 50 percent of market value of the building at the time of its becoming a nonconforming use unless permanently changed to a conforming use.

(e)

The board of appeals, after investigation and public hearing, may authorize the change of a nonconforming use to another of the same classification, provided that the board of appeals shall find that the proposed change of use was to be no more harmful to the character of the neighborhood than the existing nonconforming use.

(Code 1991, §§ 13-1-80, 13-4-11(a), (b))

(a)

Termination. If such nonconforming use is discontinued or terminated for a period of 12 months for residential districts and 30 months for commercial and industrial districts within the city limits, or for a period of 24 months in the city's extraterritorial jurisdiction, any future use of the structure or land shall conform to the provisions of this chapter.

(b)

Building destroyed by fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50 percent of its assessed or fair market value, whichever is higher, the same may be rebuilt; but where such a building is destroyed to the extent of more than 50 percent of its assessed or fair market value, a building permit, following specific common council approval, may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.

(Code 1991, §§ 13-1-81, 13-4-11(c), (d))

(a)

A nonconforming use may be changed to a use of higher classification but not to a use of lower classification, nor shall a nonconforming use be changed to another use of the same classification unless the new use shall be deemed by the board of appeals after public notice and hearing to be no more harmful to the surrounding neighborhood from the standpoint of the purposes of this chapter than the existing nonconforming use.

(b)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of zoning appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of zoning appeals.

(Code 1991, § 13-1-83)