It shall be the policy of this title to allow the continuation of existing nonconforming uses and buildings, but not to encourage their survival or allow an increase in size or intensity of use. (Ord. 2015-02, 4-20-2015)

A nonconforming use or building may be continued except as elsewhere provided in this chapter. (Ord. 2015-02, 4-20-2015)

A nonconforming use may be changed to a conforming use but may not be changed to another category of nonconforming use. (Ord. 2015-02, 4-20-2015)

   A.   Use: Nonconforming uses shall not be enlarged or extended after the effective date hereof. Criteria used to determine enlargement or expansion of use shall include, but are not limited to, square footage of building or use space, traffic generated, area of land covered, and number of dwelling units. A nonconforming use shall not be used as justification for adding other structures or uses prohibited in the same district.

   B.   Building: A nonconforming building may be enlarged so long as the enlargement does not increase the degree of nonconformity or create additional nonconformities with respect to such matters including, but not limited to, setbacks, parking requirements, and use. (Ord. 2015-02, 4-20-2015)

If active and continuous operations are not carried on in a nonconforming use during a continuous period of six (6) months, the building or tract of land shall thereafter be used only for a conforming use. The intent to resume active operation shall not be considered active and continuous operation, unless written intent of continuation, including a timetable therefor, is filed with the Council within the six (6) month period, and such timetable is reasonable and there is compliance therewith. (Ord. 2015-02, 4-20-2015)

   A.   On any nonconforming structure, or portion of a structure containing a nonconforming use, ordinary repair work may be done, including repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that the repair does not increase the degree of nonconformity of the use or the building.

   B.   Any structural alteration that would reduce the degree of nonconformity or change the use to a conforming use is permitted.

   C.   Any structure containing a nonconforming use or any nonconforming building or portion thereof declared unsafe by the building inspector may be strengthened or restored to a safe condition. (Ord. 2015-02, 4-20-2015)

A nonconforming building or a building containing a nonconforming use which has been damaged by natural causes may be restored to its original condition, provided such work is started within six (6) months of such damage. A nonconforming building or use that is moved or torn down by the owner cannot be replaced. (Ord. 2015-02, 4-20-2015)

   A.   In any district in which single-family dwellings are permitted, a single-family dwelling and accessory building may be erected on any single lot of record at the effective date hereof, or amendment hereto, except where such lots are located in identified hazardous areas and thereby limited. This provision shall apply even though such lot fails to meet the requirements for lot area or width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

   B.   A residential building on an undersized lot shall not be considered a nonconforming building, provided the building meets the bulk and setback requirements in that district. (Ord. 2015-02, 4-20-2015)

All buildings and uses that existed prior to the effective date hereof and that were, at that time, in violation of the then existing State Statutes or City zoning regulations shall continue to be considered illegal uses. (Ord. 2015-02, 4-20-2015)