The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this Code or any amendment thereto which do not conform to the provisions of this Code and which have not obtained conditional use status or a variance. Non-conforming uses, structures and lots of record may continue in accordance with the provisions of this section.

A.

Non-conforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of non-conforming uses by external additions to the structure in which non-conforming uses are located.

B.

Normal maintenance and repair of non-conforming uses are permitted.

C.

Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City Official charged with protecting the public safety, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this Code in such a manner that does not extend or increase an existing nonconforming use may be made.

D.

If no structural alterations are made, a non-conforming use of a structure may be changed to a nonconforming use of the same classification or a more restrictive classification, provided that the new non-conforming use is not more intense and does not have a greater impact on the surrounding area. Whenever a non-conforming use has been changed to a more restrictive use or to a conforming use, such use cannot then be changed to a less restrictive use.

E.

Abandonment or Discontinuance of a Non-Conforming Use.

1.

Where a non-conforming use is discontinued or abandoned for one (1) year or more, such use may not be reestablished or resumed and any subsequent use must conform to the provisions of this Code, unless a variance for the period of discontinued use is granted.

2.

The calculation of the period of discontinuance does not include any period of discontinuance caused by a state of emergency.

F.

Damage or Destruction - If a structure housing a non-conforming use is damaged or destroyed by fifty percent (50%) or more of the fair market value of the structure, then the structure may not be restored unless its use thereafter conforms to the provisions of this Code. When such damage is fifty percent (50%) or less of the fair market value of the structure as it existed immediately prior to such damage, such structure may be repaired and reconstructed with no expansion or enlargement and used for the same purposes it was before the damage or destruction.

A.

Normal maintenance and repair of non-conforming structures are permitted.

B.

A nonconforming structure shall not be increased or enlarged except in the following situations:

1.

When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety.

2.

Structures that are legally nonconforming as to height, setbacks, required yards, lot area per dwelling unit, or parking may be increased or enlarged, provided such increase or enlargement does not further increase any existing nonconformity, create a new nonconformity, or permit an increase in the number of dwelling units.

a.

A non-conforming structure, which is moved, shall thereafter conform to the regulations of the district in which it is located after such move.

b.

Abandonment or Discontinuance of a Non-Conforming Structure.

i.

Where a non-conforming structure is abandoned for one (1) year or more, such structure shall be removed or converted to a conforming structure unless a variance for the period of abandonment is granted.

ii.

A non-conforming structure, which is damaged or destroyed to the extent of fifty percent (50%) or more of the fair market value of said structure, shall not be restored unless it conforms to the provisions of this Code.

C.

Non-conforming Accessory Uses and Structures - No non-conforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the district in which it is located, unless a variance is granted.

Notwithstanding any other provisions of this Code, a non-conforming lot of record may be developed with a single-family dwelling.

A.

See ARTICLE VIII - Signage Standards Section 1.5 Non-Conforming Signs.