It is the intent of this Chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this Chapter that nonconforming uses shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

Nonconforming uses are declared by this Chapter to be incompatible with permitted uses in the zone in which such use is located. A nonconforming use 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 nature which would be generally prohibited in the zone in which such use is located.

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 on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently; provided that it is completed and so used within one year after the effective date of this Chapter.

The lawful use of land or buildings existing at the time of the adoption of this title may continue although such use does not conform to the regulations specified by this title for the zone in which such land or buildings are located, subject to the following conditions and specifications.

   (A)   A nonconforming use of land, wrecking yard or junk yard or any nonconforming building with an assessed valuation of less than two hundred fifty dollars ($250.00) shall be made to conform to this title within a period of two (2) years.

   (B)   No nonconforming use of a building may be moved to any other part or parcel of land upon which same was conducted at the time of the adoption of this title.

   (C)   The use of a nonconforming building may be changed only to a use conforming to the zone in which the property is located.

   (D)   Any nonconforming signs or billboards shall be removed within a period of one year from the date of the enactment of this title. (Ord., 5-7-1984)

   (A)   Ordinary repairs and maintenance shall be permitted, however, a building or structure devoted to a nonconforming use at the time this chapter becomes effective may not be altered or enlarged so as to extend the nonconforming use nor may the use be enlarged in any other way except by a conditional use permit.

   (B)   A nonconforming building which has been damaged by an uncontrollable act to the extent of sixty percent (60%) of its reproduction value as determined by the City Council at the time of the damage shall not be restored except in conformity with the regulations of the zone in which it is located. When damage is less than sixty percent (60%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction is completed within one year of the date of such damage. (Ord., 5-7-1984)

Any use which is permitted as a conditional use in a zone under the terms of this chapter shall not be deemed a nonconforming use in such zone, but shall, without further action, be considered a conforming use. (Ord., 5-7-1984)