200-11. Effect on Existing Conditions.
Any lawful building or structure, or lawful use of a building, structure or land, or part thereof existing at the time of the adoption of this Chapter, is not affected by this Chapter to the extent of the use existing at the time of adoption.
200-12. Nonconforming Uses.
A. No building or other structure nor any land shall be used, nor shall any building or other structure or part thereof be erected or altered, except in conformity with the provisions of this Chapter and any amendments thereof which apply to the district in which the building, structure or premises shall be located; provided, however, that this Chapter shall not apply to the existing use of any building or structure, or of land to the extent to which it was lawfully used at the time of the adoption of this Chapter.
B. This Chapter shall apply to any change of use thereof and to any alteration of a building or structure, when the same would amount to reconstruction, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substantially greater extent, provided that the City Council determines, by the grant of a Special Permit, that expansion or alteration of a nonconforming use or structure is not substantially more detrimental to the neighborhood than the existing nonconforming use, except that no Special Permit is needed if
the alteration or expansion is to a nonconforming single- or two-family dwelling and said alteration or expansion does not increase the nonconforming nature of the dwelling, and subject, however, to the following provisions:
(1) Such use has not been abandoned for a period of two (2) years or more, except in the case of land used for agriculture, horticulture or floriculture for a period of less than five (5) years.
(2) Such use is not enlarged to more than twenty-five (25) percent of the floor and ground areas of use existing at the time of adoption of the original Zoning Ordinance, or any amendments thereto, except than any nonconforming farm may be enlarged up to the total area, owned by the nonconforming farmer at the time of adoption of this Chapter, and there shall be no limit as to the expansion of farm buildings.
(3) In case the use is destroyed or damaged by fire, explosion or other catastrophe, to not greater than seventy-five (75) percent of the fair market value of the building or structure, exclusive of foundation, based upon replacement cost immediately prior to such damage, the structure or use may be restored or rebuilt at the same location and used as previously, provided that:
(a) The building, structure or use of land as restored or rebuilt shall be no greater in floor or land area than the maximum permitted under Subsection B(3)(b) of this Section.
(b) The restoration or rebuilding shall conform to this Chapter so far as practicable and shall be completed within two (2) years of the catastrophe, unless approved by the City Council in writing in accordance with Article VIII.
(4) The building or structure is completed if a permit for construction was granted prior to the adoption of this Chapter and construction is accomplished within two (2) years after the date of adoption of this Chapter.
(5) The provisions of the above Subsection B(1), (2) and (4) shall not apply to a single-family dwelling.
Section 200-13. Reserved.
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