The provisions of this chapter qualify and provide for the continuation of use of any building structures, land or sign which either existed as a legal use before the effective date hereof or which was lawfully operated or used thereafter in accordance with the provisions of the ordinance codified herein, but which by reason of amendment to this title became a use which is not permitted in the zone in which it is located. (1989 Code § 12-16-001)

Subject to all limitations herein set forth, the operation of a nonconforming use and the maintenance of a nonconforming structure or sign may be continued after the effective date hereof. Following the effective date of any amendment hereto by which a use, structure or sign becomes nonconforming, the owner of any land, use, structure or sign may register such nonconforming use, structure or sign by filing with the building inspector an affidavit setting forth the time that such use, structure or sign came into existence, the size of the structure or sign and the size and extent of the nonconforming use, structure or sign existing on the effective date hereof or applicable amendment. The building inspector shall preserve said affidavits and on the basis of said affidavit, certificates of occupancy shall be issued for each nonconforming use, structure or sign. One copy shall be sent to the owner and one copy shall be retained by the building inspector. (1989 Code § 12-16-002)

   A.   Increase Of Land Area: Land area of any nonconforming use shall not be increased, except to provide open off street parking space or open off street loading space for the nonconforming use as required in chapter 8 of this title.

   B.   Floor Area Increase In Structures: Floor area in a structure or structures occupied by any nonconforming use shall not be increased, except in accordance with the following provisions:

      1.   Extension: A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming, providing no structural alterations are made and a certificate of occupancy is first obtained. (1989 Code § 12-16-003)

      2.   Accessory Use Purposes: Upon permit by the planning commission, a detached accessory building may be erected to provide garage or other shelter for the protection of equipment and other property used in connection with the nonconforming use; provided however, that such increase in floor area would not permit the enlargement of the main function of the nonconforming use at that time or any time thereafter, and such addition conforms to the regulations of the zone in which it is located. (Ord. 2006-01, 2-14-2006)

      3.   Sanitation Or Safety When Required: Any nonconforming structure or structures housing a nonconforming use or portion thereof may be enlarged to the extent such facilities for sanitation or safety are required in writing by the proper authorities. (1989 Code § 12-16-003)

   A.   Unsafe Structures: Any nonconforming structure or structures housing a nonconforming use or portion thereof may be restored to a safe condition as required by the proper authority, in writing.

   B.   Unhealthful Conditions: Any structure or portion thereof declared to be in need of repair or alteration to provide needed healthful and sanitary conditions may be altered to the extent that such facilities required by the proper authority are provided. (1989 Code § 12-16-004)

Except by permit of the planning commission as provided in this title, the nonconforming use of a building or structure may not be changed except to a conforming use, but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use. (Ord. 2006-01, 2-14-2006)

   A.   Abandonment: A nonconforming use of a building or a nonconforming use of land or a nonconforming sign which has been abandoned or discontinued for a continuous period of one year, shall not thereafter be returned to such nonconforming use. (1989 Code § 12-16-006)

   B.   Destruction Or Damage: A nonconforming structure or sign or a building or a structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or public enemy may be restored, and the occupancy of such building, structure or part thereof which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year from the date of destruction and is diligently prosecuted to completion; and provided, that such restoration does not increased the floor space devoted to the nonconforming use which existed at the time the building became nonconforming. (1989 Code § 12-16-006; amd. 1998 Code)