(A)   Any lawful building, structure, or use existing at the time of the enactment of this code may be continued, even though such building, structure, or use does not conform to the provisions of this code for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of this Article X.

   (B)   Subject to the provisions of this Article X, any legal nonconforming building may be continued in use, provided there are no enlargements that increase its encroachment, except when the enlargements are required by law.

   (C)   Any building for which a permit has been lawfully granted prior to the effective date of this code, or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within 180 days and diligently prosecuted to completion. Such building shall be thereafter deemed to be a lawfully established building.

(Ord. 1070, § 40-10-1, passed 7-20-1998)

   (A)   A nonconforming use may be changed or extended only by a special use permit. The regulations established in Article IX, Special Use Permit, must be followed.

   (B)   A nonconforming use shall not be changed to a use which conforms less to the regulations of the district in which it is located. (Example: An existing grocery store in a residential zone district could be changed into an apartment house but not a warehouse. Reason: Because a warehouse is considered more detrimental to a residential neighborhood than a grocery store and thus conforms less to the zone district regulations.)

(Ord. 1070, § 40-10-2, passed 7-20-1998)

   When any nonconforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be resumed, and any future use of the premises shall conform with the provisions of this code.

(Ord. 1070, § 40-10-3, passed 7-20-1998)

   (A)   Ordinary repairs, maintenance, and improved livability of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

   (B)   No such structure shall be enlarged in the way that increases its encroachment, except as otherwise provided in this code.

   (C)   Subsequent to the date of this code, nothing contained in this code shall prevent the reconstruction, repairing, rebuilding, and then continued use of any nonconforming building or structure returned to its original layout after being damaged by fire, explosion, or acts of God.

(Ord. 1070, § 40-10-4, passed 7-20-1998)

   (A)   If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its value, based upon the prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

   (B)   In the event that the Zoning Administrator's estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Appeals.

   (C)   In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.

   (D)   A building permit may be issued by the city if the subject matter thereof is otherwise permitted by the provisions of this Article X, provided that the Zoning Administrator may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.

(Ord. 1070, § 40-10-5, passed 7-20-1998)

   A nonconforming use may be made a special use by granting a special use permit in conformity with the provisions of Article IX.

(Ord. 1070, § 40-10-6, passed 7-20-1998)

   Notwithstanding any other provisions of this Article X or this code, any pre-existing rights to continue to park vehicles other than residentially-related vehicles on off-street parking facilities and driveways in Zone Districts R-1, R-2, R-3, R-4 and R-5 shall expire and terminate on December 31, 1998.

(Ord. 1070, § 40-10-7, passed 7-20-1998)