(a)   The purpose of this chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Planning and Zoning Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Planning and Zoning Code. Nonconforming status is considered to be incompatible with permitted uses in the zoning district in which it exists. Therefore, nonconforming uses, buildings, lots, and structures are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. Such nonconforming status shall be continued only in conformance with this chapter.

   (a)   A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.

(Ord. 58-01. Passed 5-29-01.)

   (a)   Ordinary repairs, maintenance, remodeling or repair or replacement of non- bearing walls, fixtures, wiring or plumbing may be performed on a nonconforming building, structure or site condition or on any portion of a building, structure or site condition that contains a nonconforming use, provided that the cubic content/area shall not be increased and no structural parts shall be replaced, except when required by law to restore such building, structure or site condition to a safe condition, or to make the building, structure or site condition conform to the regulations of the district in which it is located.

   (b)   Expansion, alteration, reconstruction, remodeling or improvement involving an increase in the cubic content/area of the nonconforming building, structure or site condition is prohibited unless approved by the Board of Zoning and Building Appeals. Before granting such approval, the Board shall determine that literal enforcement of this section's prohibition will result in practical difficulties for the particular property, the proposed expansion, alteration, reconstruction, remodeling or improvement will not result in greater detriment to the surrounding properties, and then only if the cumulative cost of the expansion, alteration, reconstruction, remodeling or improvement does not exceed 75% of the market value of the building, structure or site condition at the time the application is submitted. If the proposed expansion, alteration, reconstruction, remodeling or improvement is in compliance with all current code provisions, the ZEO shall issue a zoning permit without BZA approval.

(Ord. 58-01. Passed 5-29-01; Ord. 28-05. Passed 3-28-05.)

   A nonconforming use may continue so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

   (a)   Alteration, Remodeling or Expansion of a Building Occupied by a Nonconforming Use. No building or structure containing a nonconforming use shall hereafter be altered, improved or substantially remodeled or expanded unless approved by the Board of Zoning and Building Appeals. Before granting such approval, the Board shall determine that literal enforcement of this section's prohibition will result in an unnecessary hardship to the particular property, the proposed alteration, remodeling or expansion will not result in greater detriment to the surrounding properties, and then only if the cumulative cost of the alteration, reconstruction, improvement or expansion does not exceed 75% of the building s market value, except as noted below. Expansion of any non-residential, non-conforming use in a residential district is strictly prohibited.

   (b)   Damage or Destruction. No building occupied by a nonconforming use, which has been damaged to the extent of 75% or more of its market value, exclusive of foundations, immediately prior to damage, shall be repaired or reconstructed, except upon approval by the Board of Zoning and Building Appeals in conformity with this Planning and Zoning Code.

   (c)   Construction of Additional Structures. Expansion of a nonconforming use shall not be permitted without the approval by the Board of Zoning and Building Appeals. Expansion includes the following:

      (1)   Extending a non-conforming use of an existing building throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Planning and Zoning Code; and

      (2)   The construction of additional improvement and/or structures in connection with such nonconforming use.

   (d)   Nonconforming Use of a Lot. A nonconforming use of a lot shall not be physically enlarged, increased, extended or relocated to a part of the lot that was not occupied by the use at the time it became nonconforming, nor beyond the original property limits of the nonconforming use existing at the time of the adoption of this Planning and Zoning Code, without the approval of the Board of Zoning and Building Appeals after determines that literal enforcement of this section's prohibition will result in an unnecessary hardship to the particular property.

   (e)   Change or Substitution of Use. No nonconforming use may be changed to any other nonconforming use unless the Board finds that the proposed nonconforming use is equally or more appropriate and less intensive and less detrimental to the district than the existing nonconforming use of the property. The Board may specify such appropriate conditions and safeguards as may be required in connection with such change. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.

   (f)   Change from Nonconforming to Conforming Use. A nonconforming building or use shall cease to be considered as such whenever it first comes into compliance with the regulations of the district in which it is located. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.

   (g)   Discontinuance of Use. If a nonconforming use is voluntarily discontinued for six months or more, any future use of such land shall be in conformity with this Planning and Zoning Code and all State laws relating to zoning.

(Ord. 58-01. Passed 5-29-01; Ord. 259-03. Passed 1-12-04.)

   A nonconforming building or structure in a nonresidential district may continue to be used or occupied by a use permitted in the district in which it is located, so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

   (a)   Additions and Moving. A nonconforming building or structure shall not be added to, enlarged or moved unless the Board finds that the additions or parts moved are made to conform to the regulations of the district in which it is located. In the event an applicant proposes to alter, add to, enlarge or move a nonconforming building or structure and a development plan is required pursuant to Section 1228.02(b), any nonconforming site condition that exists on the same lot shall be brought into compliance with district regulations unless the Planning Commission determines that such conformance cannot be reasonably achieved. In such case, the Planning Commission shall approve a development plan that reduces the existing nonconforming site condition to the maximum extent practicable.

   (b)   Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any cause, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the cumulative replacement costs do not exceed 75% of the market value, exclusive of foundations, immediately prior to damage, except as noted below. Any restoration that exceeds the original footprint and/or floor area shall comply with division (a) of this section. All repairs and restorations shall comply with the following conditions:

      (1)   A zoning permit authorizing such restoration shall be obtained.

      (2)   Such restoration shall be completed within a period of one year from the date of damage or destruction.

      (3)   Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such damage or destruction.

(Ord. 58-01. Passed 5-29-01.)

   A building or use existing lawfully at the time this Planning and Zoning Code or any amendment thereto became or becomes effective that does not comply with the off-street parking regulations for the use may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted in accordance with these regulations, then additional off-street parking spaces shall be provided in accordance with Section 1292.04.

(Ord. 58-01. Passed 5-29-01.)

   A sign lawfully existing at the time this Planning and Zoning Code or any amendment thereto became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located, is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Section 1290.15.

(Ord. 58-01. Passed 5-29-01.)

   A lot of record that does not comply on the effective date of this Planning and Zoning Code or any amendment thereto with the lot area or lot width regulations of the district in which the lot is located may be used as follows:

   (a)   Existing Dwelling on a Residential Lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building is not enlarged in floor area, unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.

   (b)   Vacant Single Nonconforming Lot of Record. When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area and/or lot width set forth in the district regulations, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size for a particular district is permissible on a nonconforming lot.

   (c)   Lots in Combination. If, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provision of division (b) of this section. Such nonconforming lot shall be combined with any lot under the same ownership and be replatted to create one or more conforming lots.

(Ord. 58-01. Passed 5-29-01.)

   The provisions of this chapter shall also apply to any building, structure, land or other use hereafter becoming nonconforming as a result of amendments made to this Planning and Zoning Code and Zoning Map.

(Ord. 58-01. Passed 5-29-01.)

   At the time of application for a zoning permit or request for variance, or upon the request of the Zoning Enforcement Officer regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence to verify that such lot, building, structure or use was lawfully created or established in accordance with the zoning regulations in existence at that time. If the evidence submitted indicates the lot, building, structure or use was legally established and has since become nonconforming because of the establishment of or amendment to this Planning and Zoning Code, the Zoning Enforcement Officer shall issue a certificate of nonconforming use. This certificate shall specify the reason why the use, building, structure or lot is nonconforming, and for nonconforming uses shall also include a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming.

(Ord. 58-01. Passed 5-29-01.)

   Any lawfully existing use that, at the time of its establishment, was classified as a use permitted by right but which now, because of the passage of this Planning and Zoning Code or amendment thereto, is listed as a special use in the district in which it is located, shall be deemed without further action to be a conforming special use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in ownership, shall only be permitted upon review and approval by the Planning Commission according to the procedures for special uses set forth in Chapter 1230.

(Ord. 58-01. Passed 5-29-01.)

   Nothing in this Planning and Zoning Code shall prohibit the completion of the construction and use of buildings for which a zoning permit has been issued prior to the effective date of this Planning and Zoning Code, or amendments thereto, provided that construction is commenced within six months after the issuance of such permit, and that construction is carried on diligently and without interruption. “Actual construction” is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. 58-01. Passed 5-29-01.)

   For the purposes of this chapter, certain terms used in this chapter shall be defined as follows:

   (a)   The “cost” of alteration, reconstruction, or improvement shall mean the fair market value of the materials and services necessary to accomplish such.

   (b)   The “market value” shall mean the value determined by professionally recognized property appraiser.

(Ord. 58-01. Passed 5-29-01.)