(A)   In those areas annexed in which nonconforming uses exist at the time of annexation, the uses may be continued, subject to the provisions of this section.

   (B)   Any use which is listed as a specific use within the district for which it is zoned shall be considered to be a nonconforming use until a specific use permit has been granted.

   (C)   (1)   No existing building or portion thereof devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or otherwise structurally altered except that it may be repaired or remodeled provided that the gross floor area is not increased.

      (2)   The nonconforming use shall cease if the total cost of repairs or remodeling would exceed 60% of its assessed value for tax purposes.

   (D)   A nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for the use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside the building except to provide required off-street loading or off-street parking space.

   (E)   A conforming use in a nonconforming building may be changed to another conforming use.

   (F)   When a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.

   (G)   A nonconforming use shall not be changed to another nonconforming use, unless authorized as a special exception by the Board of Adjustment.

   (H)   When a nonconforming use is discontinued for a consecutive period exceeding six months, whether with intent to abandon the use or not, the use shall not resume except in conformance with the regulations of the district in which the premises is located, or unless a special exception is granted for resumption of the discontinued use as authorized in § 155.043. Resumption of a discontinued nonconforming use shall be subject to compliance with all applicable building and fire codes.

(Ord. 08-347, passed - -2008)

   (A)   A nonconforming building, as defined in this chapter, shall not be enlarged, nor shall it be structurally altered, unless the enlargement or alteration is otherwise in conformance with all applicable standards of the district in which it is located, or to provide for continued safe use of the structure as determined by the Building Official.

   (B)   Nonstructural repair or remodeling of a nonconforming building is permitted provided that the degree of nonconformity is not increased.

   (C)   A nonconforming building shall not be repaired, restored or reconstructed if it is destroyed or damaged above its foundation to such an extent that the cost to restore the structure to its condition prior to the damage exceeds 60% of its assessed value for tax purposes, exclusive of the value of the foundation.

      (1)   If the building can be repaired, restored or reconstructed at a cost of less than 60% of its assessed value, it may then continue to be used as before.

      (2)   The repair, restoration or reconstruction must be completed within 12 months of the damaging event.

   (D)   When a nonconforming building is in the process of construction (all foundation forms being in place) or in the process of alteration or repair (all materials having been delivered) on the date that the premises is annexed into the city limits, the construction, alteration or repair may be continued upon issuance of a building permit. The construction, alteration or repair shall be completed within 12 months of annexation.

(Ord. 08-347, passed - -2008)

   (A)   A nonconforming lot, as defined in this chapter, may be developed or redeveloped if it is shown by a recorded plat or deed to have been owned separately and individually from adjoining parcels of land on January 1, 2008, and since that date has remained under different ownership from all adjoining parcels.

   (B)   In any residential district, a dwelling permitted by the applicable district regulations may be erected on a lawfully nonconforming lot having no dimension or area less than 70% of the normal minimum required, provided that the lot and buildings thereon comply with all other requirements of the district, except that where the lot width is nonconforming, side yards may be reduced to a minimum of five feet where a greater setback would otherwise be required.

   (C)   In districts other than residential, a building designed for a use permitted by right in the applicable district may be erected on a lawfully nonconforming lot provided that the lot and buildings thereon comply with all other requirements of the district.

(Ord. 08-347, passed - -2008)

   (A)   It shall be unlawful from and after the effective date of this chapter to install any mobile home, as defined by this chapter, on any lot, tract, or parcel of land or manufactured home park within the limits of the city. Existing mobile homes may remain until a time that the legal nonconforming status is terminated as provided in § 155.020 above.

   (B)   Replacement of a mobile home with, or the first time installation of, a manufactured home may be permitted, but only in conformance with the applicable provisions of this chapter and of other applicable regulations and ordinances of the city.

(Ord. 08-347, passed - -2008) Penalty, see § 155.999