The lawful use of any building, structure or land existing at the time of the enactment of this title may be continued, although such use does not conform with the provisions of this title, provided the following conditions are met:

   (A)   Unsafe Structures: Nothing in this title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

   (B)   Alterations: A nonconforming building or structure may be altered, improved or reconstructed, provided such work is not to an extent exceeding in aggregate cost of one hundred percent (100%) of the assessed value of the building or structure in any five (5) year period, unless the building or structure is changed to a conforming use.

   (C)   Extension: A nonconforming use shall not be extended but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this Title shall not be deemed the extension of such nonconforming use.

   (D)   Changes: No nonconforming building, structure or use shall be changed to another nonconforming use.

   (E)   Restoration: Nothing in this title shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, subsequent to the date of this title, wherein the expense of such work does not exceed one hundred percent (100%) of the replacement value of the building or structure at the time such damage occurred.

   (F)   Wear And Tear: Nothing in this title shall prevent the reconstruction, repairing or rebuilding of a nonconforming structure or part thereof existing at the effective date of this title, rendered necessary by wear and tear, deterioration or depreciation.

   (G)   Abandonment: A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned after one year except as provided in section 5-11-2 of this chapter:

      1.   When the intent of the owner to discontinue the use is apparent; or

      2.   When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months, unless other facts show intention to resume the nonconforming use; or

      3.   When it has been replaced by a conforming use; or

      4.   When it has been changed to another use under permit from the board of adjustment.

   (H)   Displacement: No nonconforming use shall be extended to displace a conforming use.

   (I)   Unlawful Use Not Authorized: Nothing in this title shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this title.

   (J)   District Changes: Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

   (A)   If the nonconforming use is discontinued 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.

The provisions of this section shall not be construed to prohibit a city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)