The lawful use of a building or premises, or land, existing at the time of the effective date of this chapter, may be continued although such use does not conform to all the provisions of the district in which it is located, except as hereinafter provided.

(A)

A non-conforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.

(B)

A non-conforming use may be changed to another non-conforming use of the same classification; provided, no structural changes are made. Whenever a non-conforming use has been changed to a conforming use or to a use permitted in a zoning classification of greater restrictions, it shall not thereafter be changed to a non-conforming use of a less restricted zoning classification.

(C)

No building shall be erected or an existing building expanded upon any premises devoted to a non-conforming use, except in conformance with this chapter.

(D)

Nothing herein contained shall require any change in the plans, construction or intended use of a building for which the improvement location permit has been legally issued prior to the effective date of this chapter.

(E)

In the event that a non-conforming use of any building or property is discontinued for a continuous period of one year, the use of said building or property shall thereafter conform to the uses permitted in the district in which it is located.

(F)

When a building containing a non-conforming use is damaged or destroyed by fire, explosion, act of God or other catastrophic circumstances it may be restored or reconstructed; provided that, the ground floor area and total useable area does not exceed that of the original structure and further that all development standards of this chapter shall be met to the maximum extent possible, but in no case shall the deviation be less than was required by the original structure. The city superintendent shall determine what is the maximum extent to which the development standards can be met.

(G)

These provisions apply in the same manner to a use that may become a non-conforming use due to a later amendment to this chapter.

(H)

A change of use must meet all applicable city articles in addition to the requirements of this chapter.

(Ord. No. 2001-1478, 11-19-2001)

Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts in which such use is located. A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

(Ord. No. 2001-1478, 11-19-2001)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual construction has been carried on diligently. Where demolition or removal of an existing building has been substantially completed preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.

(Ord. No. 2001-1478, 11-19-2001)