§ E. Uses.

In each district no use other than the type specified as "permitted" or "permitted as an exception" shall be allowed. (See article VII.) Uses specified as permitted shall be permitted upon application to the city planner and approved as meeting the terms of this article. Uses specified as permitted as an exception are special exceptions, and no permit shall be issued for such uses except with the written approval of the planning and zoning commission and subject to such conditions as said commission may require to preserve and protect the character of the district.

Any use or structure existing at the time of enactment of or subsequent amendment to this ordinance, but not in conformity with its provisions, may be contained [continued] or rebuilt after fire or other damage with the following limitations:

1.

Construction approved prior to ordinance: Nothing herein contained shall require any change in plans, construction, or designated use of a building for which a building permit has been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from date of this ordinance.

2.

Extension: A nonconforming use shall not be extended or enlarged except when required to do so by law or by ordinance. The attachment of signs to the building, or the attachment of racks, balconies, or other projections from the building shall be considered as an extension of the use of the building.

3.

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

4.

Alterations and/or replacement: A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost of 50 percent of the market value of the building unless said building is changed to a conforming use. If a nonconforming use and/or structure is removed from any building site, the reuse of that site must be for a conforming use and/or structure.

5.

Restoration: No building damaged by fire or other causes to the extent of more than 50 percent of its market value shall be repaired or rebuilt except in conformity with the regulations of this ordinance. Notwithstanding the foregoing, any residential structure damaged by fire or other causes to any extent of its market value may be repaired, restored or rebuilt to its previous condition despite its non-conformity with the regulations of this ordinance.

6.

Unsafe structures: Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

7.

Changes: 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 classification. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A use changed to a more restricted nonconforming use shall not be permitted to revert to a least [less] restricted nonconforming use.

8.

Discontinuance: No building or portion thereof or land used in whole or in part for nonconforming purposes according to the provisions of this article, which thereafter becomes and remains vacant for a period of one year, or for a period of six months if the vacancy is caused by a voluntary act of the owner of such a building or land, or has a cessation of use for like period, shall again be used except in conformity with the regulations of the district in which such building or land is situated.

Neither the intention of the owner, nor that of anyone else, to use a building or any part thereof for any nonconforming use, nor the fact that said building or lot or any part of either may have been used by a makeshift or pretended nonconforming use, shall be taken into consideration in interpreting and construing the words "vacant" or "cessation of such use" as used in this article.

9.

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 [of this section] shall also apply to any nonconforming uses existing therein.

Any lawful use of a structure or land existing at the time of the enactment of this ordinance may be continued although such use does not conform with the provisions of this ordinance.

(Ord. No. 2001-4, 11-6-01; Ord. No. 2012-07, § 7-3-12)