A use, building or structure which shall be made nonconforming on January 18, 1961, or on the date of passage of any applicable amendment to this chapter, may be continued, except as otherwise provided in this article.

(Code 1975, § 68-61)

(a)

Certificate of nonconformance. The owner of the premises occupied by a lawful nonconforming use or building may secure a certificate of nonconformance from the building commissioner. Such certificate shall be authorized by the board of appeals and shall be for the purpose of ensuring the owner the right to continue such nonconforming use.

(b)

Mandatory registration. The following nonconforming uses shall be registered with the board within 60 days after January 18, 1961, on forms to be obtained from the city:

(1)

Nonconforming junkyards.

(2)

Other uses as determined by the city council, upon recommendation by the board.

(Code 1975, § 68-62)

No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when required by law or order, and as follows:

(1)

Restoration. Any nonconforming building or structure damaged less than 50 percent of its then existing floor area may be restored, reconstructed or used as before, provided that the volume of such use, building or structure shall not exceed the volume which existed prior to such damage, and such restoration shall be completed within one year of such damage and shall be in conformity with the requirements of this chapter.

(2)

Displacement of conforming uses. A nonconforming use shall not be extended to displace a conforming use.

(3)

Change of use.

a.

A nonconforming use or structure shall not be changed into a use which is permitted in a district which is less restrictive than the district where such nonconforming use is first permitted.

b.

A nonconforming use may be changed into a conforming use.

c.

A nonconforming use which is not permitted in any district or is permitted only as a special use may only be changed into a conforming use.

d.

When a nonconforming use shall be changed in accordance with the provisions of subsection (3) of this section, the use of the building, other structure or tract of land shall not thereafter be changed again, except in accordance with the regulations of this article.

(4)

Repairs.

a.

Normal maintenance repairs and incidental alterations of a building or other structure containing a nonconforming use are permitted, provided such work does not extend the area or volume of space occupied by the nonconforming use.

b.

A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

(5)

Enlargement. A nonconforming use shall not be enlarged.

(6)

Prior approval. Nothing contained in this section shall require any change in the plans, construction or designated use of a building complying with existing laws, a permit for which has been duly granted, and the construction of which shall have been started before January 18, 1961, or before the date of adoption of any applicable amendment to this chapter, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed according to plans which have been filed within one year after January 18, 1961, or after the date of adoption of any applicable amendment to this chapter.

(Code 1975, § 68-63)

Certain types of nonconforming uses or structures which are abandoned, of limited value, partially destroyed or present a special nuisance or hazardous condition shall be terminated as follows:

(1)

Abandonment. The discontinuance of a nonconforming use for a period of one year, or the change of such use to a more restricted or conforming use for any period of time, shall be considered an abandonment of such use, and such nonconforming use shall not be revived after such abandonment. The intent to resume active operations shall not affect the provision of this subsection.

(2)

Partial destruction. When 50 percent or more of the existing floor area or volume of a nonconforming building, structure or use of land is destroyed by fire, other casualty or act of God, the use of such building, structure or land as a nonconforming use shall be terminated after such partial destruction.

(3)

Junkyards. All nonconforming junkyards shall be terminated within two years after January 18, 1961, except that in any M district, any junkyard which shall be operated in accordance with the provisions of this chapter within one year of such date shall be permitted to continue its operation.

(Code 1975, § 68-64)