§ 25-8. Nonconforming uses prior to December 18, 1972.

(a)

Continuation. A nonconforming use of land existing lawfully on December 18, 1972, may be continued, but shall not be extended, expanded or enlarged. The lawful use of a building existing on December 18, 1972, may be continued, although such use does not conform with the provisions of this chapter, and such use may be extended throughout such portions of the building as are arranged or designed for such use, provided, that no structural alterations, except those required by law, provisions of this Code or other ordinances of the city, are made therein.

(b)

Alteration; removal. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classifications. If such nonconforming building is removed, the future use of such premises shall be in conformity with the provisions of this chapter.

(c)

Reestablishment of discontinued use. When a nonconforming use has been discontinued for one (1) year or more, it shall not be reestablished.

(d)

Changes to conforming or more restricted use. A nonconforming use, if changed to a conforming use or a more restricted, nonconforming use, may not thereafter be changed back to a less restricted nonconforming use than that to which it was changed.

(e)

Amendments to chapter. If by amendment to this chapter, any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises existing on December 18, 1972, shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

(f)

Repairs, etc. Repairs and alterations may be made to a nonconforming building; provided, that no structural alterations or extensions shall be made, except those required by law or ordinance, unless the building is changed to a conforming use; provided, that the board of adjustment, by special permit in the case of evident hardship, may grant an extension of a nonconforming use not exceeding twenty-five (25) percent of the ground area of the building.

(g)

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and plans for which are on file with the zoning administrator on December 18, 1972, and the construction of which in either case shall have been diligently prosecuted within one (1) year of the date of such permit, and to the ground story framework of which, including the second tier or beams, shall have been completed, according to such plans as filed, within two (2) years from December 18, 1972.

(h)

Nothing in this chapter shall be taken to prevent the restoration, within twelve (12) months, of a nonconforming building destroyed to not more than seventy-five (75) percent of its reasonable value, exclusive of foundations, by fire, explosion or other casualty, act of God or the public enemy; provided, that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the twelve (12) months allowed for reconstruction; and nothing in this chapter shall be taken to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction; but any building so damaged more than seventy-five (75) percent of its value may not be rebuilt, repaired or used unless it is made to conform to all regulations for buildings in the district in which it is located.

(i)

The provisions of this chapter shall not apply to prevent the extension of any building, existing in any district on December 18, 1972, to the height to which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, that the actual construction of the extension in height permitted by this subsection shall have been duly commenced within ten (10) years from December 18, 1972.

(Ord. No. 11296, 6-16-97; Ord. No. 11813, 11-6-2007)