No nonconforming use may be enlarged, expanded or extended to occupy a greater area of land than was occupied on the effective date of this Zoning Ordinance, except upon authorization by the Planning and Zoning Commission and in conformance with the procedures set forth in this ordinance. Establishment or extension of a lawful use in a nonconforming structure shall not be deemed the extension of a nonconforming use. Provided however, an expansion of a nonconforming use must be contained wholly within the boundaries of the tract, and any applicable setback lines, upon which the nonconforming use occupied at the time it became a nonconforming use.

No nonconforming structure may be enlarged, expanded or extended in such a manner that it shall be made more nonconforming (for example, by increasing the encroachment of a building into a required yard or by increasing the height of a structure above that allowed for the affected district). A nonconforming structure may be enlarged, expanded or extended so long as the nonconforming feature is not enlarged, expanded or extended, thereby making the structure more nonconforming.

A nonconforming use may be changed to a conforming use.

A nonconforming use may be changed to another nonconforming use, provided the new use is of the same general character or less intensive in character (and thus more closely conforming). The determination of whether a proposed use is less intensive shall be made by the City Manager in accordance with the provisions for written interpretations. A nonconforming use, if changed to a less intensive nonconforming use, may not thereafter be changed back to a less conforming or more intensive use.

A nonconforming use or structure shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. Total destruction or obsolescence means more than fifty percent (50%) of the then current replacement value of the nonconforming use.

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

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

The City Council may require the discontinuance of a nonconforming use or structure under a plan whereby full value of the property can be amortized within a reasonable and specified period of time, taking into consideration the investment expectations of the owner of the nonconforming use, general character of the neighborhood and the necessity for all property to conform to the regulations of this Zoning Ordinance, and other factors allowed by law. Such amortization schedule shall be established by the council after receiving expert opinion as to values of the property and uses during a properly noticed public hearing. If amortization is approved, then a written notice shall be delivered to the owner ordering the amortization of the nonconforming use per the terms of that letter.

In addition, the City Council may require the removal of any structure or improvements located on property where discontinuance of a nonconforming use has been ordered if such improvements cannot, in the Council’s opinion, be converted to a lawful use.