(a)   Except as otherwise specified in these regulations, any use, lot, building or structure that exists as of the enactment date of these regulations may be continued even though such use, lot, building or structure may not conform to the provisions of the Zoning District in which it is located. The provisions for non-conforming uses shall apply.

   (b)   Nothing contained in these regulations shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of these regulations; provided, however, that construction under such permit or approval shall have been started within six (6) months and the ground floor framework including structural parts of the second floor shall have been completed within one (1) year and the entire building completed within two (2) years after the effective date of these regulations. (Ord. 2013-04-CD. Passed 4-2-13.)

   In the event that a non-conforming use of any dwelling, building or structure and/or of any land or premises is voluntarily discontinued for one (1) year or more, any future use shall be a lawful conforming use. (Ord. 2013-04-CD. Passed 4-2-13.)

   Unless specifically excepted elsewhere in these regulations, no existing building or premises devoted to a non-conforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to a permitted use or a conditionally permitted use under this Zoning Code. (Ord. 2013-04-CD. Passed 4-2-13.)

   Exceptions to the non-conforming regulations may be permitted by the Board of Zoning Appeals in the following cases:

   (a)   A non-conforming residential use may be substantially improved or repaired one (1) time. For the purposes of this Chapter, substantial improvements shall mean structural improvements which increase the size of a residential unit by twenty five (25) percent.

   (b)   Nothing in these regulations shall be interpreted to prevent normal maintenance, operation or repair of a premises, or the alteration, repair, or improvement of a premises to comply with an order to improve the property to minimum building code standards.

   (c)   An existing facility or operation may be permitted to replace existing structures or machinery in order to modernize such facility. No such replacement shall result in the expansion by more than ten (10) percent of the floor area of the structure or facility existing at the time, or more than ten (10) percent of the land coverage on the site existing at the time of enactment of these regulations. The replacement of an existing structure for modernization or any associated expansion shall require that the property comply with the regulations of this Zoning Code, including but not limited to parking regulations, setback requirements, landscaping requirements, buffer requirements and sign regulations.

      (Ord. 2013-04-CD. Passed 4-2-13.)

   When a non-conforming building, use or structure is damaged or destroyed to the extent of more than sixty percent (60%) of its replacement value, it shall not be restored except in the case of residential uses being granted an exception under Section 1123.04(a) above.

(Ord. 2013-04-CD. Passed 4-2-13.)