18-7-105. NONCONFORMING USE OF STRUCTURES AND LAND.

Whenever a lawful structure and land in combination exists on the effective date of adoption or amendment of this Title, that would not be allowed in the zone under the terms of this Title, such lawful use may be continuing as long as it remains otherwise lawful, subject to the following provisions:

1. No existing structure devoted to a use not permitted by this Title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered in any way except to change the use of the structure to a use permitted in the zone in which it is located;
2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Title, but no such use shall be extended to occupy any land outside of such building;
3. If no structural alterations are made, any nonconforming use of a structure and land may be changed to another nonconforming use provided that the procedures for obtaining a variance are followed and the Commission finds that the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accordance with the provisions of the Title;
4. Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed;
5. Whenever a nonconforming use of a structure, or structures, or structure and land in combinations shall not thereafter be used except in conformance with the regulations of the zone in which it is located;
6. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repair, provided that the cubic content of the building as it existed at the time of passage or amendment of this Title shall not be increased. Nothing in this Title shall be deemed to prevent the strengthened or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official; and
7. Whenever nonconforming use status applies to the structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land which shall not thereafter be used except in conformance with regulations of the zone in which it is located.