Uses of land, buildings and other structures within the city which do not conform to all of the provisions of this article may be allowed to continue even though the use or structure does not comply with the requirements of this article provided the use or structure can qualify as a legal nonconforming use or nonconforming structure under the following:
(1) 
The regular and continuous occupancy or use of a building, structure or land, lawfully being occupied or utilized in the city at the time of the effective date of this article (August 12, 2003), or amendment thereto, or which was subsequently annexed by the city, which does not conform to the regulations prescribed in this article, deemed as a nonconforming use.
(2) 
A building or structure, lawfully in existence and lawfully constructed at the time of the effective date of this article (August 12, 2003), or amendment thereto, or which was subsequently annexed by the city, which does not comply with all of the regulations of this article governing parking, signage or bulk and area requirements shall be deemed a nonconforming building or structure.
(3) 
A use, building, or structure, lawfully in existence and lawfully utilized, constructed, located and occupied which does not now conform to the provisions of this article shall be deemed a nonconforming use or structure.
(Ordinance 3-06 adopted 8/12/03)
The following regulations shall apply to all nonconforming uses, buildings or structures as identified in section 3.02.041 hereinabove, and shall govern the continued occupancy or use of same:
(1) 
The lawful occupancy or use of a building existing at the time of the effective date of this article (August 12, 2003) may be continued for an indefinite period although such use does not conform to the provisions thereof.
(2) 
If a nonconforming use of any building or premises is discontinued for a period of six (6) months or longer, then such nonconforming use shall be deemed to be permanently abandoned and may not be resumed unless in compliance with all these regulations.
(3) 
No nonconforming use or structure, except when required to do so by law or ordinance, may be enlarged, extended, reconstructed or structurally altered, unless such structure is so improved as to comply with the requirements of this article.
(4) 
When a building or other structure, the use of which does not conform to the provisions of this article, is damaged by fire, explosions, the elements, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its assessed value as listed on the records of the county appraisal district (SCAD), the building or other structure may not be restored except in conformity with the regulations as provided in this article. When damaged by less than fifty percent (50%) of its assessed value as reported by SCAD, a nonconforming building or structure may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction are completed within one (1) year of the date of such damage.
(Ordinance 3-06 adopted 8/12/03)