Nonconforming uses as defined in Section 30-1220 may be continued subject to the limitations set forth in this division so long as the then-existing or more restricted use continues.

(Code 1993, § 32-800; Code 2004, § 114-800; Code 2015, § 30-800)

No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered unless such building or structure is thereafter devoted to a conforming use, provided that nothing in this division shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure nor the alteration, strengthening or restoration to a safe condition as may be required by law and provided, further, that the following shall be permitted:

(1)

Hospitals and institutional uses. A building or structure devoted to a nonconforming hospital or a nonconforming institution of a religious, educational, eleemosynary or philanthropic nature located in any district may be structurally altered so long as the amount of floor area devoted to the use is not increased.

(2)

Dwellings in business districts. Any building containing a nonconforming single-family detached, single-family attached, two-family or multifamily dwelling in a UB, UB-2, B or OS district may be maintained, improved, enlarged, extended or structurally altered or may be reconstructed if damaged by fire, explosion, act of God or the public enemy, provided that in no case shall the amount of floor area devoted to such dwelling at the time it became nonconforming be increased more than ten percent nor shall the lot area, lot width or yard depths be reduced to less than required for the use in the R-48 district.

(3)

Uses in UB-2, B-5 or B-6 districts. Any building devoted to a use which becomes nonconforming by reason of its inclusion in a UB-2, B-5 or B-6 district may, for purposes of accommodating such use, be maintained, improved, enlarged, extended or structurally altered or may be reconstructed if damaged by fire, explosion, act of God or the public enemy, provided that in no case shall the amount of floor area devoted to such use at the time of its inclusion in the B-5 or B-6 district be increased more than ten percent.

(4)

Alterations to accommodate a wireless communications facility, microwave relay facility, or radio and television broadcast antenna and support structure. Any building or structure occupied by or accessory to a nonconforming use may be modified as necessary to accommodate such facilities and antennas, as set forth in Section 30-692.3, provided the applicable requirements of that section are met. The equipment related to the facility or antenna may be accommodated within the interior of the building by either the reduction of the space devoted to the nonconforming use, the conversion of previously unoccupied space within the building, or a combination thereof.

(Code 1993, § 32-800.1; Code 2004, § 114-800.1; Code 2015, § 30-800.1; Ord. No. 2008-2-55, § 2, 3-24-2008)

(a)

Except as specifically permitted by this division, a nonconforming use shall not be extended, expanded, enlarged or moved to occupy a different or greater area of land, buildings or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building which were specifically and lawfully designed and arranged for such use at the time it became nonconforming so long as such extension does not result in any increase in the number of dwelling or lodging units in the building. No material change in a nonconforming use or material change in the program or operating characteristics of a nonconforming use shall take place that would increase the intensity of the use.

(b)

The area of a lot on which a nonconforming use is located shall not be reduced unless authorized by the Board of Zoning Appeals pursuant to Article X of this chapter.

(c)

Fences, walls, and building-mounted and freestanding solar energy systems shall be permitted on properties devoted to nonconforming uses in the same manner and subject to the same requirements as properties devoted to conforming uses.

(Code 1993, § 32-800.2; Code 2004, § 114-800.2; Code 2015, § 30-800.2; Ord. No. 2020-171, § 1(30-800.2), 9-28-2020; Ord. No. 2023-101, § 5, 4-24-2023)

(a)

A nonconforming use may be changed to a use conforming to the regulations applicable in the district in which it is located or to a use, as determined by the Zoning Administrator, which meets all of the following criteria:

(1)

The use is first permitted in the same district or a more restricted district than the district in which the nonconforming use is first permitted, and such use is not a use permitted by conditional use permit in that district.

(2)

The use does not have a greater amount of vehicular trip generation than the nonconforming use, as determined by the Institute of Transportation Engineers Common Trip Generation Rates or a similar vehicular trip generation system.

(3)

The use does not have a greater number of employees or a greater amount of noise, smoke or odor than the nonconforming use.

(4)

The use does not otherwise constitute a greater deviation from the regulations pertaining to permitted principal or accessory uses applicable in the district in which it is located.

(5)

In addition to the other criteria set forth in this section, a nonconforming use which is permitted by conditional use permit in any district established by this chapter may be changed only to a use conforming to the use regulations applicable in the district in which it is located or to a dwelling use.

(6)

In addition to the other criteria set forth in this section, a nonconforming use which is listed as a permitted use only in the I district and for which an institutional master plan is required may be changed only to a use conforming to the use regulations applicable in the district in which it is located or to a dwelling use.

(7)

Subject to the applicable criteria set forth in this section, a change to a multifamily dwelling shall be permitted in a R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, and R-8 district, provided that there shall be a lot area of not less than 750 square feet for each dwelling unit.

(b)

Whenever a nonconforming use is changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use, unless such use is permitted by this chapter.

(c)

When a change in a nonconforming use to a more restricted use as permitted by subsection (a) of this section or to a conforming use would result in imposition of a greater yard or open space requirement, such requirement shall not be construed to prohibit the change in use, provided that no physical change is made to the building or lot that results in any greater departure from any applicable requirement of this chapter.

(d)

When a nonconforming use has been changed to an illegal use, such illegal use shall cease, and any subsequent use of the property shall conform to the regulations applicable in the district in which it is located or, if the nonconforming use has been discontinued for a period of less than two years, the illegal use may be changed to the last nonconforming use or to a use that is more restricted than such use.

(Code 1993, § 32-800.3; Code 2004, § 114-800.3; Code 2015, § 30-800.3; Ord. No. 2019-352, § 1, 1-13-2020; Ord. No. 2023-101, § 5, 4-24-2023)

Whenever a nonconforming use of a building or structure is discontinued for a period of two years or longer, whether or not equipment or fixtures are removed, any subsequent use of the premises shall conform to the regulations applicable in the district in which it is located.

(Code 1993, § 32-800.4; Code 2004, § 114-800.4; Code 2015, § 30-800.4)

A nonconforming use of land shall be discontinued within two years from the effective date of the ordinance or amendment thereto causing it to become nonconforming.

(Code 1993, § 32-800.5; Code 2004, § 114-800.5; Code 2015, § 30-800.5)

(a)

Business and industrial uses. The nonconforming use of a building in a single-family residential district for any purpose first permitted in a business or industrial district shall be discontinued within 15 years from the effective date of the ordinance or amendment thereto causing it to become nonconforming, and such building shall thereafter be devoted to conforming uses, provided that such nonconforming use of a building constructed less than 25 years prior to the effective date of the ordinance or amendment thereto causing it to become nonconforming shall be discontinued within 40 years from the date of the construction thereof and shall thereafter be devoted to conforming uses.

(b)

Lodginghouses and tourist homes. The nonconforming use of a building in any single-family residential district for a lodginghouse or tourist home shall be discontinued within three years from the effective date of the ordinance or amendment thereto causing it to become nonconforming, and such building shall thereafter be devoted to conforming uses.

(Code 1993, § 32-800.6; Code 2004, § 114-800.6; Code 2015, § 30-800.6)

(a)

When a building devoted to a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of 60 percent or less of its replacement value, as determined by the Commissioner of Buildings utilizing the R S Means or a similar cost evaluation system for comparable construction, such building may be restored, repaired, reconstructed and used as before such damage, provided that the area devoted to the nonconforming use shall not be increased, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

(b)

When a building devoted to a nonconforming use is damaged by fire, explosion by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its replacement value, as determined by the Commissioner of Buildings utilizing the R S Means or a similar cost evaluation system for comparable construction, such building, if restored, shall thereafter be devoted to conforming uses, except as otherwise permitted pursuant to the provisions of Section 17.20 of the Charter.

(Code 1993, § 32-800.8; Code 2004, § 114-800.8; Code 2015, § 30-800.8; Ord. No. 2003-184-131, 1, 5-27-2003)

Intermittent or temporary use of land, buildings or structures shall not be construed to establish the existence of a nonconforming use for the purposes of this division, provided that a lawful seasonal use that was in operation for at least two consecutive seasons immediately prior to the adoption of the ordinance from which this chapter is derived or subsequent amendment thereto shall be considered a nonconforming use for seasonal purposes only and shall be subject to applicable sections of this division.

(Code 1993, § 32-800.9; Code 2004, § 114-800.9; Code 2015, § 30-800.9)

Nonconforming features of uses, buildings and structures may be continued subject to the limitations set forth in this division. See Section 30-1220 for the definition of a nonconforming feature.

(Code 1993, § 32-810; Code 2004, § 114-810; Code 2015, § 30-810)

Any building or structure having a nonconforming feature may be maintained, enlarged, extended or structurally altered, provided that such enlargement, extension or structural alteration shall not increase the degree or extent of the nonconforming feature and provided, further, that no building or structure having a nonconforming feature shall be moved, reconstructed or substituted with another building or structure unless such nonconforming feature is thereby eliminated and the building or structure is made to conform with this chapter. Vertical expansion of that part of a building which is nonconforming with regard to a yard or open space requirement shall be considered an increase in the extent of the nonconforming feature and shall not be permitted. For the purpose of this section, the installation of wireless communications facilities, building-mounted solar energy systems, microwave relay facilities, or radio and television broadcast antennas, through use of alternative support structures, shall not be deemed to increase the degree or extent of a nonconforming feature, as set forth in Section 30-692.3, provided the applicable requirements of that section are met.

(Code 1993, § 32-810.1; Code 2004, § 114-810.1; Code 2015, § 30-810.1; Ord. No. 2020-171, § 1(30-810.1), 9-28-2020)

Radio and television broadcast antenna support structures, microwave relay facility support structures and wireless communications support structures which have nonconforming features may be modified, strengthened, and/or rebuilt for the purpose of accommodating additional antennas, provided such modification, strengthening and/or rebuilding does not result in an increase in the preexisting diameter or horizontal dimensions and the overall height is not increased by more than ten percent. If the existing support structure is not of a monopole design and rebuilding is proposed, the replacement support structure shall be of monopole design.

(Code 1993, § 32-810.2; Code 2004, § 114-810.2; Code 2015, § 30-810.2)

(a)

When a building or structure having a nonconforming feature is damaged by fire, explosion, act of God or the public enemy to the extent of 60 percent or less of its replacement value, as determined by the Commissioner of Buildings utilizing the R S Means or a similar cost evaluation system for comparable construction, such building or structure may be restored, repaired or reconstructed as before the damage, provided that such restoration, repair or reconstruction shall not increase the degree or extent of any nonconforming feature that existed before the damage, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

(b)

When a building or structure having a nonconforming feature is damaged by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its replacement value, as determined by the Commissioner of Buildings utilizing the R S Means or a similar cost evaluation system for comparable construction, such building or structure may be reconstructed, provided that in the reconstruction thereof, the nonconforming feature shall be eliminated and the building or structures shall thereafter conform with the provisions of this chapter except as otherwise permitted pursuant to the provisions of Section 17.20 of the Charter.

(c)

When a main building is located in any district in which building height is limited by number of stories and when such main building is nonconforming with regard to number of stories or is nonconforming with regard to height of stories, and is damaged by fire, explosion, act of God or the public enemy to any extent, such building or structure may be restored, repaired or reconstructed to such number of stories or height of stories as existed before the damage, provided that such restoration, repair or reconstruction shall not increase the degree or extent of any nonconforming feature that existed before the damage, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

(Code 1993, § 32-810.3; Code 2004, § 114-810.3; Code 2015, § 30-810.3; Ord. No. 2003-184-131, 1, 5-27-2003; Ord. No. 2009-36-56, § 1, 4-27-2009; Ord. No. 2009-40-57, § 1, 4-27-2009; Ord. No. 2010-20-49, § 1, 3-8-2010; Ord. No. 2010-177-173, § 3, 10-11-2010)

Nothing contained in this article shall be construed to authorize or permit the continuance of any use or feature which was in violation of any chapter of this Code pertaining to zoning and preceding this chapter, and any such use or feature shall not be deemed to be nonconforming under this chapter and shall be unlawful.

(Code 1993, § 32-830; Code 2004, § 114-830; Code 2015, § 30-830)