A. Continuance. Except as otherwise required by law, a structure or use that was legally established prior to August 12, 1996, may be continued unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
B. Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use which is or becomes vacant and remains unoccupied by a nonconforming use for a period of 12 months shall not be occupied, except by a use which conforms to the Wasilla development code.
C. Damage. If any nonconforming structure or use is damaged, by any cause, to the extent of 65 percent of its value or more, as determined by the city planner, the structure or use shall not be reconstructed or continued. The city planner shall obtain input from the property owner, lessees, insurance companies, appraisers and others, as deemed necessary and appropriate by the city planner in making the decision. However, single-family and multifamily dwellings, duplexes, and mobile homes may be replaced within 12 months, regardless of the amount of damage, if the owner obtains a conditional use permit from the city authorizing the owner to do so.
D. Maintenance and Repair. Maintenance, repairs and structural alterations shall be allowed to nonconforming structures or to a building housing a nonconforming use with appropriate permits.
E. Changes of Nonconforming Use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not be changed back to a nonconforming use.
F. Additions. All additions to nonconforming structures shall conform to the requirements of the Wasilla development code. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made. (Prior code § 16.43.803)