The lawful use of any building, structure or land existing at the effective date hereof may be continued, although such use does not conform with the provisions of this title, provided the following conditions are met:

   A.   Unsafe Structure: Nothing in this title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

   B.   Alterations: A nonconforming building or structure may be altered, improved or reconstructed; provided, such work is not, to any extent, exceeding, in aggregate cost, one hundred percent (100%) of the assessed value of the building or structure in any five (5) year period unless the building or structure is changed to a conforming use.

   C.   Extension: A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this title shall not be deemed the extension of such nonconforming use.

   D.   Changes: No nonconforming building, structure or use shall be changed to another nonconforming use.

   E.   Restoration: Nothing in this title shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or acts of God subsequent to the effective date hereof, wherein the expense of such work does not exceed one hundred percent (100%) of the replacement value of the building or structure at the time such damage occurred.

   F.   Wear And Tear: Nothing in this title shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date hereof, rendered necessary by wear and tear, deterioration and depreciation.

   G.   Abandonment: A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:

      1.   When the intent of the owner to discontinue the use is apparent; or

      2.   When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months unless other facts show intention to resume the nonconforming use; or

      3.   When it has been replaced by a conforming use; or

      4.   When it has been lawfully changed to another use.

   H.   Displacement: No nonconforming use shall be extended to displace a nonconforming use.

   I.   Unlawful Use Not Authorized: Nothing in this title shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the effective date hereof.

   J.   District Change: 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. 379, 9-11-1979)

The governing board may authorize the issuance of a special use permit to expand a nonconforming building or a conforming building housing a nonconforming use upon submission of an application and after a public hearing. (Ord. 509, 3-7-2000)