A.   Intent: Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts in which such use is located. It is the intent of this title to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconforming uses shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A destroyed residential structure may be approved, upon City Council consideration, for reconstruction upon the same footprint. Any change to the structure size, height, or placement shall be subject to the conditional use process.

   B.   General Provisions:

      1.   The lawful use of land or structures existing on the effective date of this title may be continued. With approval of the Administrator, nonconforming uses or structures may be altered or expanded. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time this title becomes effective is not an expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this title.

      2.   If a nonconforming use is discontinued for a period of twelve (12) consecutive months, further use of the property shall conform to this title.

      3.   A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use, unless approved through the conditional use process.

      4.   A nonconforming use may be changed with the approval of the Administrator to another nonconforming use of the same or of a more restrictive nature.

      5.   Nothing contained in this regulation shall require any change in the plans, construction, alteration or designated use of a structure upon which construction has commenced prior to the adoption date of this title. If the designated use will be nonconforming, it shall be in operation within two (2) years of the effective date of this title; otherwise, future use of the property shall be in conformance with the zoning district in which the property is located.

      6.   Normal repairs and alterations may be made to a lawful nonconforming building, provided that no structural alterations shall be made, except those required by law. No existing nonconforming structure designed, arranged, intended for, or devoted to, a use not permitted under this title for the district in which the structure is located shall be enlarged, extended, structurally altered, or moved unless the use is changed to a use permitted under the regulations specified by this title for the district in which the building is located; and provided that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe and ordered to be strengthened or restored to a safe condition, unless the building has been destroyed by an extent exceeding seventy five percent (75%) of full value, as determined by consideration of the assessed value referred to below.

      7.   When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceeds seventy five percent (75%) of the cost of the replacement of the entire building (exclusive of foundations) using new materials, then the building, unless expressly approved by the City Council, shall not be rebuilt unless the building and its construction and uses conform fully to this title and other codes of the City as applied to new buildings and structures and to uses for the district in which it is located. The determination of whether a building is destroyed to the extent described above shall rest with the Administrator.

   C.   Schedule Of Continuance - Nonconforming "Open Land Uses": The alternative provided to meet compliance with nonconforming "open land uses" is: All uses of land for outdoor work or storage purposes, which after the adoption of this title or amendments thereto, exist as a nonconforming use, shall be completely enclosed within a view-obscuring fence, approved by the City Council, within two (2) years, the fence shall be of a sufficient height so that the fence and supplemental landscaping will at all seasons of the year completely screen all operations of such establishments from view from adjacent land and buildings. (Ord. 597, 8-6-2018)