A.   Any lawfully established use of a building or land at the effective date hereof, or of amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

   B.   Any legal nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   C.   Any building for which a permit has been lawfully granted prior to the effective date hereof or of amendments hereto may be completed in accordance with the approved plans, provided construction is started within six (6) months from issuance of permit and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 2003-O-15, 3-18-2003)

   A.   Any nonconforming use of land which is discontinued for a period of thirty (30) days or more, and any nonconforming use of a building or structure which is discontinued for a period of one year or more shall not be reestablished, and any future use of such building, structure, or land shall conform with the provisions of this title.

   B.   A nonconforming use not authorized by the provisions of this title shall be discontinued and not reestablished; except, if the provisions of this title find the use to be conforming to the district in which it is then located. (Ord. 2003-O-15, 3-18-2003)

   A.   A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use. (Ord. 2003-O-15, 3-18-2003)

   B.   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   A.   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.

   B.   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

   C.   No nonconforming building in any residential district shall be so altered as to increase the number of dwelling units therein.

   D.   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date hereof, or to displace any conforming use in the same building or on the same parcel. (Ord. 2003-O-15, 3-18-2003)

   A.   Normal maintenance of a building or other structure containing a nonconforming use is permitted including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   B.   No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      1.   When the alteration is required by law.

      2.   When the alterations will actually result in eliminating the nonconforming use.

      3.   When a building containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk or height of the building. (Ord. 2003-O-15, 3-18-2003)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can only be rebuilt or used thereafter for a conforming use in compliance with all the provisions of the district, except the lot size requirements for lots of record established prior to the effective date hereof. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition, and occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of one year and diligently prosecuted to completion. (Ord. 2003-O-15, 3-18-2003)

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited to two (2) years from the effective date hereof, or of any amendment hereto, which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the two (2) year period.

   A.   Any nonconforming building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) on the effective date hereof.

   B.   All nonconforming signs, billboards and outdoor advertising structures.

   C.   Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building. (Ord. 2003-O-15, 3-18-2003)

   A.   The following uses are not permitted in any zoning district:

      Boarding house.

      Junkyard.

      Lodging house.

      Lodging room.

      Mobile home.

      Mobile home park.

      Tourist home.

   B.   Enumeration of any nonpermitted use in this section shall not be deemed to imply that a use which is not enumerated herein is permitted by this title. Enumeration of the above uses is solely intended to clarify that certain defined terms in this title are not to be considered or implied as permitted uses due to their inclusion as defined terms.

   C.   In the event that any person, firm, corporation or entity holds a license, or other permit, purporting to allow the use of any of the above nonpermitted uses, and further provided, that such license or permit is valid, said use shall be allowed to continue until said use is abandoned and terminated; or five (5) years from the effective date hereof, whichever shall first occur, at which time, said use shall be treated as an illegal nonconforming use, not authorized by the provisions of the city and shall be entirely discontinued and cease operation. Said five (5) year time period is hereby established as a reasonable amortization period for the normal useful life of the types of buildings and uses which may be affected by the provisions of this title. (Ord. 2003-O-15, 3-18-2003)

In any proceeding, whether administrative or in a court of competent jurisdiction, it shall be the burden of the property owner to establish that the use of the building or land of which the property owner maintains validity is in all respects conforming with the provision of this title or is otherwise authorized to continue pursuant to the provisions of this title. (Ord. 2003-O-15, 3-18-2003)