Any nonconforming use of land may be continued in present use indefinitely and is transferable. If, however, a continuous operation is not carried on in such nonconforming use during a continuous period of one year, the building, the structure, or tract of land where the nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operation shall not affect the foregoing.

(Ord. No. 253, § 1(art. VII, § 1), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 498, § 1, 03-14-2013)

A nonconforming use may be changed to any conforming use. A nonconforming use shall not be changed to any other type of nonconforming use.

(Ord. No. 253, § 1(art. VII, § 2), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 387, § 1, 12-8-2008; Ord. No. 498, § 1, 03-14-2013)

A nonconforming use occurring within a building or structure shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction, not exceeding 50 percent (50%) of the building or structure's value, the Development Services Department shall issue a permit for reconstruction. If greater than 50 percent (50%) of the building or structure's value, the building or structure shall be brought into compliance or a zoning variance requested through the Board of Adjustment.

(Ord. No. 253, § 1(art. VII, § 3), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 387, § 1, 12-8-2008; Ord. No. 498, § 1, 03-14-2013)

A nonconforming use shall not be enlarged or extended with respect to the operation of the use in a building or structure, except in compliance with zoning requirements for that district.

(Ord. No. 253, § 1(art. VII, § 4), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 498, § 1, 03-14-2013)

Normal maintenance of a building or structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations not extending the operation of the nonconforming use.

(Ord. No. 253, § 1(art. VII, § 5), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 387, § 1, 12-8-2008; Ord. No. 498, § 1, 03-14-2013)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except that required by law.

(Ord. No. 253, § 1(art. VII, § 6), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 387, § 1, 12-8-2008; Ord. No. 498, § 1, 03-14-2013)

No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to signs.

(Ord. No. 498, § 1, 03-14-2013)

Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established for structures in the district in which the nonconforming structure is located.

(Ord. No. 498, § 1, 03-14-2013)

If a nonconforming structure is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform to the provisions contained herein. In the case of partial destruction by fire or other causes, not exceeding 50 percent (50%) of the structures value, the Development Services Department may issue a permit for reconstruction. If greater than 50 percent (50%) of the structures value, the Board of Adjustment may grant a permit for repair but not for the enlargement of the structure.

(Ord. No. 498, § 1, 03-14-2013)

The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes obsolete or substandard under any applicable Code of the City and the cost of placing such structure in lawful compliance with the applicable regulation exceeds 50 percent (50%) of the replacement cost of such structure on the date that the Building Official, Code Enforcement Officer, and/or City Administrator determines that such structure is obsolete or substandard.

(Ord. No. 498, § 1, 03-14-2013)

In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself.

(Ord. No. 498, § 1, 03-14-2013)

The Board of Adjustment may grant, as a special exception, an application to extend or enlarge a nonconforming structure, provided such grant does not serve to prevent the return of such structure to a conforming structure in the future.

(Ord. No. 498, § 1, 03-14-2013)