A nonconforming use or noncomplying structure may be continued by the present or a future owner.

Repairs and structural alterations may be made to a noncomplying structure or to a structure housing a nonconforming use.

A structure lacking sufficient automobile parking space in connection therewith as required by this ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this ordinance for such alteration or enlargement.

A noncomplying structure or a structure occupied by a nonconforming use, which is involuntarily destroyed in whole or part due to fire or other calamity may be reconstructed or restored unless the structure or use has been abandoned.

Deleted by Ord. 06-19.

The occupancy of a structure by a nonconforming use, existing at the time this ordinance became effective, may be continued.

A vacant structure may be occupied by a use for which the structure was designed or intended if so occupied within a period of one (1) year after the use became nonconforming.

The nonconforming use of a structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.

The nonconforming use of land, existing at the time this ordinance became effective, may be continued, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one (1) year or more, any future use of such land shall be in conformity with the provisions of this ordinance. Provided further, that the nonconforming use of land for the keeping of animals for all property owners who were in compliance with the city code in effect at the time Animal Rights Ordinance 97-12 became effective on October 16, 1997, may be continued, provided those property owners can prove the current use is consistent with their previously established pattern of use. For example, a property owner responding to fluctuations in livestock prices might, over the period of several years, have a pattern of use in which he expands and contracts the number of animals kept or even eliminates the animals kept for a year or two. In such a case he could continue this pattern of use but could not exceed the previously established highest number of animals kept or alter the types of animals kept. Nonconforming use, in the case of animal rights, means the keeping of animals in a manner inconsistent with the Animal Rights Ordinance 97-12, effective October 16, 1997.

The property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use. Any third party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.