A.   Within the districts established by this title or amendments that may later be adopted, there exist structures and uses of land which were lawful before this title was passed or amended but which would be prohibited, regulated or restricted under the terms of this title or future amendments.

   B.   It is the intent of this chapter to permit those nonconformities to continue until they are removed but not to encourage their survival. It is further the intent that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as herein otherwise provided.

   C.   To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been diligently carried on. (Ord. 1183, 12-12-2005)

Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title, such use may be continued subject to the following provisions:

   A.   No such nonconforming use or the intensity of such use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.

   B.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title.

   C.   If any such nonconforming use of land ceases for any reason for a period of more than one year any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located after following procedures listed in section 10-3-5 of this chapter. (Ord. 1183, 12-12-2005)

If a lawful use of a structure or of structures and premises in combination exists at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this title, the lawful use may be continued subject to the following conditions:

   A.   No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, nor shall the intensity of such use be increased or extended, except that the planning and zoning commission, by special permit in the case of an affirmative showing of undue hardship may grant an extension or enlargement of a nonconforming use not exceeding twenty five percent (25%) of the ground area of the building.

   B.   Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.

   C.   When a nonconforming use of a structure or a structure and premises in combination is discontinued or abandoned for a period of one year, the structure or structure and premises in combination shall not, thereafter, be used except in conformance with the regulations of the district in which it is located.

   D.   Any nonconforming building or structure damaged more than sixty percent (60%) of its then fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, war, riot or act of God, shall not be restored or reconstructed and used as before such happening, but if less than sixty percent (60%) is damaged above the foundation, it may be restored, reconstructed or used as before, provided that it may be done within four (4) months of such happening and be built of like or similar or better materials.

   E.   If any such nonconforming use of land ceases for any reason for a period of not more than one year, any subsequent use of such land shall conform to regulations specified by this title for the district in which said land is located.

   F.   In areas where the grazing and feeding of livestock are not allowed, if the use of the land for grazing purposes ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified in this title for the district in which such land is located. (Ord. 1183, 12-12-2005)

   A.   On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement on nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of this title shall not be increased except as above provided.

   B.   Nothing in this chapter 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 official charged with protecting the public safety, upon order of such official. (Ord. 1183, 12-12-2005)

   A.   If the nonconforming use continues for a period of one year or longer, the city shall, by written request, require that the owner declare his intention with respect to the continued nonuse of the improvements in writing within twenty eight (28) days of receipt of the request. If the owner elects to continue the nonuse, he shall notify the city in writing of his intention and shall post the property with notice of his intent to continue the nonuse of the improvements. He shall also publish notice of his intent to continue the nonuse in a newspaper of general circulation in the county where the property is located. If the property owner complies with the requirements of this subsection, his right to use such improvements in the future for their designed purpose shall continue for a period of ten (10) years, notwithstanding any change in the zoning of the property.

   B.   The property owner may voluntarily elect to withdraw the use by filing with the clerk of the city or the county, as the case may be, an affidavit of withdrawn use. If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property.

   C.   For purposes of this section "designed purpose" means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.

   D.   The provisions of this section shall not be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare. (Ord. 1183, 12-12-2005)