Any lawfully established use of a building or land on the effective date hereof, or of amendments thereto that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein. Any building for which a permit has been lawfully granted prior to the effective date hereof or of amendments thereto may be completed in accordance with the approved plans; provided, construction is started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (1979 Code § 5-13-1)

   A.   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

   B.   When a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

   C.   A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use.

   D.   No part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall thereafter be used or occupied for a nonconforming use. (1979 Code § 5-13-2)

   A.   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   B.   No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      1.   When the alteration is required by law.

      2.   When the alteration will actually result in eliminating the nonconforming use.

      3.   When a building in a residential district containing residential nonconforming uses may be altered in any way to improve liveability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. (1979 Code § 5-13-3)

   A.   If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

   B.   In allowing restoration or repair, such restoration of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion, and completion shall be within one (1) year from the date of damage. If not completed within one (1) year, the use shall be abandoned. (1979 Code § 5-13-4)

   A.   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.

   B.   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

   C.   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on the same parcel. (1979 Code § 5-13-5)

Where a use exists on the effective date hereof and is permitted by this title only as a special use in the district in which it is located, such use shall not be deemed a nonconforming use, but shall, without further action, be deemed a lawful special use in such district. No such lawful special use shall be substantially expanded unless a supplementary special use permit is secured in accordance with the provisions of this Code. (1979 Code § 5-13-6)