Any lawful use of the land or building existing at the date of passage hereof, except those discussed in this chapter, and located in a district in which it would not be permitted as a new use under the regulations of this title, is hereby declared to be a "nonconforming use" and not in violation of this title at the date of adoption hereof; provided, however, that a nonconforming use shall be subject to, and the owners shall comply with, the following regulations. (Ord. 567, 11-1976)

A nonconforming use in a building or structure may be changed to another nonconforming use of the same or greater restriction provided no structural changes are made to the building. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use. For this purpose, the AG-1 district shall be considered the district of greatest restriction, each district following thereafter in the text of this chapter shall be considered of successively lesser restriction. (Ord. 567, 11-1976)

The nonconforming use of land, where no building structure is involved, which exists when this chapter becomes effective, may be allowed to continue provided that:

   (A)   No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

   (B)   If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this chapter. (Ord. 567, 11-1976)

A nonconforming use may not be expanded or extended throughout other portions of the building. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building or portion thereof, shall be in conformity to the regulations of the district in which such building is located. (Ord. 567, 11-1976)

No nonconforming use of a building may be moved to any other part of a parcel of land upon which nonconforming use was conducted at the time of the adoption of this chapter. (Ord. 567, 11-1976)

No nonconforming building shall be enlarged or structurally altered or repaired except to make it a conforming building or except to comply with requirements of health and safety laws or ordinances; provided further, that the aggregate cost of such work from time to time shall not exceed forty percent (40%) of the assessed valuation of such building or structure. (Ord. 567, 11-1976)

Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by public enemy to the extent of fifty percent (50%) or more of its fair market value at the time such damage occurred, shall thereafter be made to conform with the provisions of this chapter. Where more than fifty percent (50%) of the fair market value of the building remains after such damage, the nonconforming building may be restored, provided that such restoration shall be subject to the approval of the city council. Said restoration shall be commenced within one year of the date of such partial destruction and shall be diligently carried on to completion. (Ord. 567, 11-1976)

Any nonconforming use of land or building, which has become vacant or remains unoccupied owing to discontinuance or abandonment for a period of six (6) months shall thereafter conform to the provisions of this chapter. (Ord. 567, 11-1976)

Within twelve (12) months after the adoption of this chapter, or any amendments hereto, the zoning administrator shall prepare a record of all nonconforming uses and occupations of lands, buildings, and structures, including tents and mobile homes, existing at the time of the adoption of this chapter or amendments hereto which have come to his attention. Such list shall be available at all times in the office of the city council. It shall be the duty of the owner of property on which nonconforming uses exist to register same with the zoning administrator within the above stated time period. (Ord. 567, 11-1976)

   (A)   At any time after adoption of this chapter or amendments hereto, should the zoning administrator become aware of nonconforming use, the owner of a nonconforming use shall be notified by the zoning administrator of the provisions of this section, and that his property constitutes a nonconforming use. Within thirty (30) days after receipt of said notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application of such certificate shall designate the location, nature, and extent of the nonconforming use and such other details as may be required. If the owner of nonconforming use fails to apply for a certificate of occupancy within thirty (30) days after receipt of the foregoing notice, the use shall be deemed to be and is hereby declared to be in violation of this chapter. The zoning administrator and the city attorney shall take appropriate action to enjoin such violation.

   (B)   If the zoning administrator shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or, if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or the zoning ordinance in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this title. (Ord. 567, 11-1976)

There may be a change in tenancy or ownership, or management of an existing nonconforming use, provided all regulations applicable to nonconforming uses are observed. (Ord. 567, 11-1976)

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein. (Ord. 567, 11-1976)

In those instances where "special use permits" have been issued prior to the adoption of this title, the special use shall terminate pursuant to the terms of the grant of said use unless the subject use is a permitted or a special use under this title. Uses may be continued if they are permitted under the provisions of this title. (Ord. 567, 11-1976)