1. General Provisions. A nonconforming use of a conforming building shall not be reestablished in a new building, extended or expanded into any other portion of the conforming building, or relocated on the same parcel or within the same commercial subdivision; provided, however, that an existing use which was made nonconforming by one or more of the following may be expanded or relocated on the same parcel or within the same commercial subdivision in accordance with Paragraph (2) of this Subsection (A):
   1. The adoption of a Special Use Permit requirement for that type of use;
   2. The adoption of a separation requirement between that type of use and a protected use;
   3. The adoption of a separation requirement between two uses of that type;
   4. The establishment of a protected use that, by virtue of a separation requirement, would otherwise prohibit the existing use from expanding; or
   5. The adoption of a different method of measuring distance for purposes of a separation requirement.
2. Conditions of Allowable Continuation, Expansion, or Relocation of Use. If the proposed expansion of a nonconforming use or relocation of the same use on the same parcel or within the same commercial subdivision qualifies under Paragraph (1) of this Subsection (A), the nonconforming use may be expanded or relocated on the same parcel or within the same commercial subdivision if the proposed expansion or relocation:
   1. Will not increase the size or extent of the use by more than 50%; and
   2. Will not require a Variance or Waiver regarding any other provision of this Title, including those that pertain to parking, landscaping and residential adjacency requirements.
3. Discontinuation and Abandonment of Use. If a nonconforming use of a conforming building is discontinued by ceasing to physically occupy or operate within the building, there shall be a rebuttable presumption that the nonconforming use has been abandoned as of the date the use was discontinued and, for purposes of this Paragraph (3), the Department may deem the use abandoned as of that date. The owner of the property or operator of the use may rebut the presumption of abandonment in accordance with LVMC 19.14.035.
   1. If a nonconforming use of a conforming building is abandoned for a period of one year, the future use of such building shall be only in conformance with the provisions of this Title.
   2. If a conforming building housing a nonconforming use is damaged or partially destroyed by fire, flood, wind, another calamity or act of God, and the use is abandoned for a period of two years, the future use of such building shall be only in conformance with the provisions of this Title.
   3. If it appears, by reason of economic hardship, that a nonconforming use described in Subparagraph (a) or (b) above will be deemed abandoned for a period of time greater than the applicable abandonment period described in those subparagraphs, the owner of the property or operator of the use may request that the abandonment period be extended by the City Council. Such request shall be made by means of an application for an Extension of Time. The application shall include or be accompanied by a letter of justification explaining the economic hardship, which must be based on market conditions or other circumstances beyond the applicant’s control, and shall be accompanied by the applicable fees, if any, that are set forth in the fee schedule. The application shall be heard at a public hearing of the City Council. An Extension of Time may be granted by the City Council only upon clear and convincing evidence of qualifying hardship and a determination that the public health, safety and welfare will not be jeopardized. An Extension of Time may not exceed the duration of the applicable abandonment period set forth in Subparagraph (a) or (b) above.
4. Notice to Discontinue Use. Independent of any other provision of this Chapter, a nonconforming use of a conforming building shall be discontinued upon written notice from the City to the owner to discontinue the use. The use shall be discontinued no later than the date described in the notice, which in no event shall be later than five years from the date notice is given. Notice shall be provided by mailing to the owner of the property as shown by the County Assessor’s records and recording a copy of the notice in the office of the County Recorder. Such notice shall contain the legal description of the property, a description of the use required to be discontinued, the date that the use is to cease and desist and the section of this Title which declares the use to be nonconforming.
5. Adjustments to and Interpretation of Abandonment Provisions of Paragraph (3).  If a business license if required for the operation of a nonconforming use described in Paragraph (3) above, the use may be deemed abandoned if the required license (whether issued on a temporary or permanent basis) has not been maintained in active status.  The provisions of the preceding sentence apply to all uses, notwithstanding any other provision of this Title regarding abandonment that is specific to any particular type of use.  In addition, notwithstanding any provision of Paragraph (3) or this Paragraph (5), upon the occurrence of all of the following, the presumption provisions and abandonment periods otherwise applicable shall no longer apply, and all future use of the building shall be only in accordance with the provisions of this Title:
   1. A conforming use is established at the same location;
   2. The use occupies the same portion or portions of the building as the nonconforming use did; and
   3. The conforming use either essentially replaces the nonconforming use or is inconsistent with and would preclude the continuation of the nonconforming use within that building.

The nonconforming use of a nonconforming building legally existing on the effective date of this Title or an amendment thereto may be continued subject to the following conditions:

1. Abandonment of Building or Use. A nonconforming building occupied by a nonconforming use which is or becomes vacant and remains unoccupied for one year or regarding which the use is deemed abandoned pursuant to this Subsection (B) and remains abandoned for one year, shall not be occupied thereafter except by a use which conforms to the use regulations of the corresponding zoning district.  If a business license is required for the operation of the nonconforming use, the use may be deemed abandoned as of the date the license is no longer active if the license (whether issued on a temporary or permanent basis) has not been maintained in active status.  If a business license is not required for the operation of the nonconforming use, the used may be deemed abandoned as of the date the use discontinued by ceasing to physically occupy or operate within the building.
2. Expansion of Use. A nonconforming use of a nonconforming building may be extended or expanded into any other portion of the nonconforming building, provided no structural alterations are made thereto, except those required by law or ordinance.

The Director may approve additions to nonconforming buildings when the nonconformance is a result of inadequate setbacks and provided that the addition conforms to all other provisions of this Title. The addition shall not encroach beyond the encroachment of the existing building, must be located in either a side or rear yard, and must not encroach more than 50 percent. In addition, the total of all such additions or enlargements shall not exceed more than 50 percent of the size of the original footprint of the structure. Additions may also be approved to nonconforming residential buildings in nonresidential zoning districts. Additions may be approved to any residential building made nonconforming by an action of a public entity. The addition, in either instance, shall be secondary in nature to the existing use on the property and will not substantially perpetuate the nonconforming use.

A nonconforming use of land that does not take place within a principal building, legally existing on the effective date of this Title or an amendment thereto shall be discontinued upon written notice from the City to the owner to discontinue the use. The use shall be discontinued no later than the date described in the notice, which in no event shall be later than five years from the date notice is given. Notice shall be provided by mailing to the owner of the property as shown by the County Assessor’s records and recording a copy of the notice in the office of the County Recorder. Such notice shall contain the legal description of the property, a description of the use required to be discontinued, the date that the use is to cease and desist and the section of this Title which declares the use to be nonconforming.

1. Expansion of Use. No such nonconforming use of land shall in any way be extended or expanded either on the same or adjoining property.
2. Discontinuation of Use. If a nonconforming use of land is discontinued for a period of 90 days or changed to a conforming use, any future use of the land shall be in conformity with the provisions of this Title.  If a business license is required for the operation of the nonconforming use, the use may be deemed abandoned as of the date the license is no longer active if the license (whether issued on a temporary or permanent basis) has not been maintained in active status.  If a business license is not required for the operation of the nonconforming use, the used may be deemed abandoned as of the date the use discontinued by ceasing to physically occupy or operate at the licensed location.

1. Except as otherwise provided in Paragraph (2) of this Subsection (A), a nonconforming use which was located in a building that has been damaged or partially destroyed by fire, flood, wind, another calamity or an act of God shall not be continued when the extent of damage or destruction is more than 50 percent of the replacement value of the building.
2. Paragraph (1) of this Subsection (A) does not apply to a use which was made nonconforming by one or more of the following:
   1. The adoption of a Special Use Permit requirement for that type of use;
   2. The adoption of a 400-foot or 1500-foot separation requirement between that type of use and a protected use;
   3. The adoption of a 1500-foot separation requirement between two uses of that type;
   4. The establishment of a protected use that, by virtue of a 400-foot or 1500-foot separation requirement, would otherwise prohibit the existing use from expanding or from continuing following redevelopment; or
   5. The adoption of a different method of measuring distance for purposes of a separation requirement.

Any nonconforming building which has been damaged or partially destroyed by fire, flood, wind, another calamity or an act of God shall be repaired, moved, remodeled or altered entirely in conformity with the provisions of this Title or entirely demolished within a period of ninety days from the date of such damage when the extent of damage or destruction is more than 50 percent of its replacement value. The City Council may extend this period for an additional 90 days, provided the public health, safety and welfare is not jeopardized.

This Section shall not apply to any sign approved by a Variance, any sign approved as part of a Master Sign Plan, any off-premise sign, or any other sign protected from such provisions by Nevada law.

A lawfully nonconforming sign, as defined in this LVMC 19.18.020, may continue in use, except as otherwise provided in or authorized by this Section. A change in the information on the face of an existing nonconforming sign is allowed if the change does not increase the area of the sign face.

In any matter in which a property owner(s), sign owner(s), sign user or other person seeks the protection provided to lawful, nonconforming signs under this Section, the burden of proof shall be on the person seeking such protection to prove:

1. The date of erection or installation of the sign;
2. That the sign fully conformed to the sign ordinance then in effect;
3. That the person erecting the sign obtained all necessary permits for the erection of the sign; and
4. That any changes to the sign have been made in accordance with the requirements of this Section and in compliance with all applicable permit requirements.

The City may require signs to be modified or moved if streets are widened, or for other improvements made in the public-right-of-way. If a nonconforming sign or sign structure is moved under this requirement, it may be re-established on the same site without being brought into conformance.

The status of a nonconforming sign or sign structure is not affected by changes in ownership.

Sign maintenance, sign repair, and changing of permanent sign faces is allowed so long as structural alterations are not made and the sign is not increased in size or height.

1. Change to a conforming sign. A nonconforming sign or sign structure may be altered to become or be replaced with a conforming sign or sign structure. Once a sign or sign structure is brought into conformance or is replaced with a conforming sign or sign structure, the nonconforming rights for that sign or sign structure are lost and a nonconforming sign or sign structure may not be re-established.
2. Alteration. Except as provided in Subsection (D) above, sign structures that are moved, replaced, or the supporting structure is substantially altered, must be brought into conformance with this Section.
3. Discontinuance. If there is no sign in place on a sign structure or building wall for 12 continuous months, the nonconforming rights are lost and a nonconforming sign may not be re-established. If the sign structure or building wall sign area is unused for less than 12 continuous months, a nonconforming sign may be re-established.
4. Removal. Except as provided in this Section, if a sign or sign structure is permanently removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards.
5. Damaged or deteriorated nonconforming signs. If a sign or sign structure is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty percent or more of the cost of replacement of such sign, replacement signs and sign structures must comply with the current standards.

1. A sign owner(s) or user may register a lawful, nonconforming sign in accordance with this Subsection. The registration shall be filed on a form provided by the Director, which form shall require at least the following:
   1. Sign certificate number (if any);
   2. Date of installation of the sign;
   3. Address of premises;
   4. Location of the sign on the premises (drawing or precise description of location);
   5. Dimensions of the sign;
   6. For a freestanding sign, the height of the sign; and
   7. Photograph of the sign, as it exists at time of filing registration.
2. The Director shall review the registration within 30 days of receipt and shall notify the applicant of any inaccuracies or other deficiencies in the registration. Such inaccuracies or deficiencies shall be noted in the registration file. All provisions of the registration not subject to such a notice shall be deemed to be accepted by the City.
3. In any proceeding in which the legal status of a sign is material, the unchallenged facts set forth in a registration under this Subsection shall be presumed to be true; any facts subject to a notice from the Director questioning the accuracy or other matters shall not receive such protection unless the applicant amends the registration to cure the deficiencies.