A. A structure or the use of a structure on premises which was lawful before the passage or amendment of the chapter but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:

1. No such use or substantial improvement of that use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.

2. If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter. The utility department shall notify the city engineer/inspector in writing of instances of nonconforming uses where utility services have been discontinued for a period of twelve (12) months.

3. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Prior code § 18-609)