No new structures shall be erected which do not conform to this chapter, nor shall any additional area of land be utilized for uses not permitted in this chapter other than that which is lawfully occupied and used at the time the ordinance from which this chapter derives takes effect.

(Code 1970, § 2339.1)

A nonconforming use shall be deemed abandoned if the use is discontinued for a period of one year. The building, structure, or property in which such use existed thereafter shall be used only in conformity to and with this chapter. A nonconforming use shall be considered abandoned when:

(1)

The intent of the owner to discontinue the use is apparent;

(2)

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characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year;

(3)

A nonconforming use is replaced by a conforming use; or

(4)

A nonconforming use has been changed to another use under proper permit from the zoning board of adjustment.

(Code 1970, § 2339.2)

Notwithstanding section 102-202, a residential dwelling unit that is nonconforming solely because of zone dimensional requirements in the high density (HD) and medium density (MD) zones shall not be considered abandoned if not rented or leased for a time period provided:

(1)

The facilities required for a separate dwelling unit are not removed and meet the requirements of the city housing code set forth in article III of chapter 18.

(2)

The number of means of egress meet the current city building codes set forth in article II of chapter 18.

(Code 1970, § 2339.2.1)

If a structure which is nonconforming because of dimensional requirements or use is damaged by fire, explosion, or other catastrophe to such an extent that the cost of restoration would be less than 50 percent of the assessed value of the building at the time of the catastrophe, such building may be rebuilt or restored and used again as previously. Such rebuilding or restoration shall be completed within 24 months after such catastrophe, and the building as restored shall not be greater in number of stories, footprint, or floor space than the original nonconforming structure. If a building which is nonconforming solely because of dimensional requirements is damaged by fire, explosion or other catastrophe to such an extent that the cost of restoration would exceed 50 percent of its assessed value, such building may be rebuilt or restored without zoning board of adjustment approval provided that:

(1)

The replacement will not be greater in number of stories, footprint, or floor space than the original structure;

(2)

The replacement will be completed within 24 months of the catastrophe; and

(3)

The replacement will not violate zone requirements in any dimension more than the original (e.g., no narrower side setback, no shorter front setback, etc.).

(Code 1970, § 2339.3)

If a nonconforming building, structure or use is abandoned for one year after the adoption of the ordinance from which this chapter derives, it shall not return to its nonconforming state, but must be brought into conformity with this chapter.

(Code 1970, § 2339.4)

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or more conforming classification, and such use thereafter shall not be changed to a less conforming classification.

(Code 1970, § 2339.5)

The zoning board of adjustment may, in appropriate circumstances and with appropriate safeguards, permit a nonconforming use to be changed to another nonconforming use, provided such changed use is more in conformity with the spirit and intent of this chapter than the prior use and is not more injurious, obnoxious or offensive to the neighborhood than the existing use.

(Code 1970, § 2339.6)

A use which is permitted in any zone and is a nonconforming building, structure, or lot solely because of zone dimensional requirements may be changed to another permitted use without zoning board of adjustment approval provided that:

(1)

The new use will not further violate dimensional requirements in any dimension;

(2)

The new use will meet all zoning requirements (e.g., parking, screening) other than dimensional; and

(3)

There will be no expansion of gross floor area.

(Code 1970, § 2339.7)

Alteration or expansion of a structure which is nonconforming solely because of zone dimensional requirements is permitted without zoning board of adjustment approval provided that:

(1)

The present use, a changed use, or an additional use is permitted in the zone; and

(2)

The alteration or expansion will not further violate setback dimensional requirements. Any new encroachment cannot come closer to the property line than the encroachment into the normal setback area made by the existing structure. In addition, the area of such new encroachment cannot exceed 50 percent of the total square footage of the area of the portion of the existing structure which originally encroached on the minimum required setback.

(Code 1970, § 2339.8)

A nonconforming use may be expanded and enlarged, provided such enlargement and expansion does not violate any of the basic zone dimensional requirements set forth in this chapter. Such expansion must receive permission from the zoning board of adjustment, which must find that the expansion will meet the following conditions:

(1)

Such approval would not reduce the value of any property within the district, nor otherwise be injurious, obnoxious or offensive to the neighborhood.

(2)

There will be no nuisance or serious hazard to vehicles or pedestrians.

(3)

Adequate and appropriate facilities will be provided for the proper operation of the proposed use.

(Code 1970, § 2339.9)

All appeals for alteration or expansion of a nonconforming use or structure, when granted, shall be valid for 24 months from the date granted. Within this 24-month time period, the alteration or expansion must be started or construction begun on the structure. The board of adjustment shall have the power to grant extensions.

(Code 1970, § 2339.10)