Except as herein specified, any use of land or a building and any design of a building or location of a building on a lot, lawfully existing on the effective date of this Zoning Code and as it may be amended from time to time, may be continued even though such use or design or location on the lot does not conform to the regulations of this Zoning Code for the district in which it is located, but no enlargement or expansion of such nonconforming building or use shall be made.

(Ord. 2000-128. Passed 12-6-00.)

   No change is required by this Zoning Code in the plans, construction or designated uses of a building which does not conform to the regulations of this Zoning Code for the district in which its premises are located, provided the permit for such building was issued and construction on it was begun before the passage of this Zoning Code and completed within eighteen (18) months of the issuance of such permit in accordance with the plans and descriptions on which such permit was issued. For the purpose of this Zoning Code, such construction shall be deemed an existing nonconforming use.

(Ord. 2000-128. Passed 12-6-00.)

   No change of a nonconforming use shall be made to a less restricted use. If no structural changes are made, a nonconforming use may be changed to any use permitted in this Zoning Code in a more restricted district. Any change of a nonconforming use to a use of the same degree of nonconformity as determined by the most restricted district in which the existing nonconforming use is permitted shall be made only upon approval of the Board of Zoning Appeals and only if such Board finds that the proposed use is not more injurious to neighborhood property values than the existing use.

   No structural changes shall be made in a nonconforming building in a residential district unless it is changed to a conforming building and use or unless the changes are approved by the Board upon a finding by such Board that the changes are in the direction of conformity and will not extend unduly the life of an objectionable nonconforming use in the neighborhood. Unless changed to a conforming building and use, such structural changes shall not exceed in cost, during the life of such building from and after June 30, 1958, sixty (60) percent of the value of such building shown on the tax duplicate of the County at the time of the first such expenditure after June 30, 1958.

   In a General Commercial District or Neighborhood Commercial District, no structural changes shall be made in a nonconforming building unless it is changed to a conforming building and use or unless the change is specifically approved by the Board and such approval is confirmed by Council.

(Ord. 2000-128. Passed 12-6-00.)

   A nonconforming use which has been abandoned shall not be replaced by a nonconforming use.

   A nonconforming use of land shall be deemed abandoned when the nonconforming use has been replaced by a conforming use or when the nonconforming use has ceased and has not been resumed for a continuous period of three (3) months.

   A nonconforming use of a building shall be deemed abandoned when it has been replaced by a conforming use, or when the nonconforming use has ceased the daily activities or operations which had occurred and the intent of the owner to discontinue the use is apparent, or when the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment for a continuous period of six (6) months.

(Ord. 2000-128. Passed 12-6-00.)

   Any nonconforming building which is declared unsafe by the Building Commissioner, or other authorized administrative official, or any restoration or replacement of a building partially or totally destroyed by fire, flood or other similar act of God, to 50% or less of its fair market value, may be strengthened, restored or replaced. However, such replacement shall be limited to pre-damage density and size. Any building or structure which has been destroyed to more than 50% of its fair market value shall be immediately razed and conform to the regulations of this Zoning Code.

(Ord. 2000-128. Passed 12-6-00.)