The lawful use of land or buildings existing at the effective date hereof may continue although such use does not conform to the regulations specified by this title for the zone or district in which such land or buildings are located, subject to the following conditions and specifications:

   A.   Discontinuance Of Nonconforming Use: Any nonconforming use of land or building which has ceased by discontinuance, abandonment or removal shall thereafter conform to this title. Uses may be continued under the following conditions:

      1.   If the nonuse continues for a period of one year or longer, the city shall, by written request, require that the owner declare his intention with respect to the continued nonuse of the improvements in writing within twenty eight (28) days of receipt of the request. If the owner elects to continue the nonuse, he shall notify the city in writing of his intention and shall post the property with notice of his intent to continue the nonuse of the improvements. He shall also publish notice of his intent to continue the nonuse in a newspaper of general circulation in the county where the property is located. If the property owner complies with the requirements of this subsection, his right to use such improvements in the future for their designed purpose shall continue, notwithstanding any change in the zoning of the property.

      2.   The property owner may voluntarily elect to withdraw the use by filing with the city clerk an affidavit of withdrawn use. If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property.

      3.   For purposes of this section "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.

      4.   The provisions of this section shall not be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare.

   B.   Damaged Building Or Structure: Any nonconforming sign or building, the structure or exterior of which has been seventy five percent (75%) damaged or destroyed by fire or any other cause, shall thereafter conform to this title.

   C.   Moving Of Building: No nonconforming use of a building may be moved to any other part or parcel of land on which the same was conducted at the time of the adoption of this title, or to any other zoning district wherein said use would not be permitted by the terms of this title.

   D.   Enlargements: Nonconforming uses presently existing may continue, but any nonconforming building shall not be enlarged or extended. (Ord. 499, 4-16-2009)