[Prior code § 17.0801]
The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this title may be continued although the use does not conform with the provisions of this title; however:
A. 
Only that portion of the structure, land and or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, or moved, except when required to do so by law or order or so as to comply with the provisions of this title.
B. 
Total lifetime structural repairs or alterations to a nonconforming structure shall not exceed 50% of the municipality's equalized value of the structure at the time of its becoming a nonconforming structure unless it is permanently changed to conform to the use provisions of this title.
C. 
Substitution of legally nonconforming uses existing as of the date of adoption of this zoning ordinance may be permitted with the issuance of a conditional use permit. These legally nonconforming uses may only be substituted with a similar land use. A similar land use is defined as the same land use category per Chapters 17.06 through 17.26 (e.g. an indoor sales and service land use can only be replaced with another indoor sales and service land use, but not with a light industrial land use). No further expansion, extension, or enlargement of the nonconforming use shall be permitted without full compliance with the provisions of this zoning ordinance per Subsection A of this section.
D. 
Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.
[Prior code § 17.0802]
If such nonconforming use or structure is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this title.
A. 
When a nonconforming structure is damaged by fire, explosion, flood, or other calamity, to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the use provisions of this title.
B. 
Once a nonconforming use or structure has been changed or altered so as to comply with the provisions of this title, it shall not revert back to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of more restrictive nonconforming use for an existing nonconforming use the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board.
[Ord. 225, 2004]
A. 
No such use shall be expanded or enlarged.
B. 
Upon petition of the owner, the Plan Commission may approve, as a conditional use, the change of such use to another use, provided the Plan Commission determines that the new use would result in greater, or no less, degree of conformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.
C. 
Where any such use is discontinued for a period of 12 consecutive or 18 cumulative months within a consecutive five-year period, any future use of the building shall conform to the regulations of the district in which it is located.
D. 
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 17.66.020 of this title.
E. 
1. 
If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the requirements of this chapter. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50% of the present equalized assessed value of the structure.
2. 
As a complete alternative to regulations set forth in Subsection (E)(1) of this section, existing nonconforming structures with nonconforming use may petition the Plan Commission for conditional use status per Section 17.72.040 of this title.
[Prior code § 17.0804]
Once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with the yard, height, parking, loading, and access provisions of this title, it shall not revert back to a nonconforming use or substandard structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and the substituted use shall become subject to all the conditions required by the board.