(A)   Any lawfully established use of a building or land, on the effective date of this chapter, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided herein.

   (B)   Any nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   (C)   Any building for which a permit has been lawfully granted prior to the effective date of this chapter, or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within 90 days and diligently prosecuted to completion. The building shall thereafter be deemed a lawfully established building.

(1983 Code, § 9-12-1) (Ord. 09-07, passed 9-8-2009)

   (A)   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, the premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

   (B)   Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of six months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, the use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformance with the regulations of the district; except whenever a nonconforming use dependent on seasonal trade has been discontinued for a period of one year, the use shall not thereafter be established and any future use shall be in conformity with the provisions of this chapter.

   (C)   Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and the premises shall not thereafter be used in a nonconforming manner.

(1983 Code, § 9-12-2) (Ord. 09-07, passed 9-8-2009)

   The provisions of §§ 154.180 and 154.181 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter or any subsequent change in the regulations of this chapter, and any time periods specified for discontinuance of nonconforming uses shall be measured from the date of the reclassification or change.

(1983 Code, § 9-12-3) (Ord. 09-07, passed 9-8-2009)

   (A)   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   (B)   No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      (1)   When the alteration is required by law;

      (2)   When the alteration will actually result in eliminating the nonconforming use; or

      (3)   When a building in a residence district containing residential nonconforming uses may be altered in any way to improve livability; provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(1983 Code, § 9-12-4) (Ord. 09-07, passed 9-8-2009)

   If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of the building may be continued which existed at the time of the partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction, and completed within one year.

(1983 Code, § 9-12-5) (Ord. 09-07, passed 9-8-2009)

   (A)   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

   (B)   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the nonconforming use.

   (C)   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter, or to displace any conforming uses in the same building or on the same parcel.

(1983 Code, § 9-12-6) (Ord. 09-07, passed 9-8-2009)

   Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of this chapter, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of §§ 154.183 and 154.184:

   (A)   In any residence district, where a dwelling is nonconforming if only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

   (B)   In any business or manufacturing district, where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.

   (C)   In any district, where an established building, structure or use is nonconforming with respect to the standards prescribed in this chapter for any of the following:

      (1)   Floor area ratio;

      (2)   Yards - front, side or rear;

      (3)   Off-street parking or loading;

      (4)   Lot area;

      (5)   Building height; and/or

      (6)   Gross floor area.

(1983 Code, § 9-12-7) (Ord. 09-07, passed 9-8-2009)

   Any nonconforming use may be made a special use, when the special use is permitted in the district in which it is located, by granting of a special use permit.

(1983 Code, § 9-12-8) (Ord. 532, passed 5-14-1974; Ord. 09-07, passed 9-8-2009)