[Amended 1-21-2008 by Ord. No. 259]
The following regulations shall control nonconforming uses:
A. 
If the cost of repair or replacement of a nonconforming commercial use or structure, which has been destroyed by reason of windstorm, fire, explosion or any act of God or the public enemy, exceeds 50% of the total replacement cost of the commercial use or structure, such commercial use or structure shall not be continued or rebuilt except in conformity with the provisions of this chapter.
B. 
In the event that any nonconforming residential structure shall be damaged by fire, wind, explosion, act of God or the public enemy, such structure may be rebuilt or restored, provided that the rebuilt or restored structure does not exceed the size, height and placement of the original structure. All rebuilding or restoration shall comply with all applicable building and fire codes and shall be completed within one year of the date of damage. Damage that is caused by an intentional act of the owner, or the owner's agent, is excluded.
C. 
An "act of God" (event) shall be defined as a sudden manifestation of the forces of nature which man cannot resist, and which will include, in part, floods, storms, fires and other catastrophic events.
D. 
Nonconforming uses or structures in existence at the time of passage of the ordinance codified in this section shall not be extended, added to or altered unless such extension, alterations or additions are in conformity with the provisions of this chapter.
E. 
If the nonconforming use of any land or structure shall terminate its activity for a continuous period of time exceeding one year, such use shall not be reestablished, and any future use of land and structure shall be in conformity with this chapter.
F. 
If a nonconforming use is changed to a permitted or more restrictive use in the district in which it is located, it shall not revert or be changed back to a nonconforming or less restrictive use.
G. 
The lawful nonconforming use of land not involving substantial buildings, nonconforming advertising signs and structures which are not necessary to the permitted uses of substantial structures, and temporary, movable or makeshift buildings, fences and other structures which are accessory to nonconforming uses not involving substantial buildings shall be discontinued and the incidental structures removed within five years from the date of passage of the ordinance. All subsequent use of such land shall be in conformity with the provisions of this chapter.