This section establishes separate districts, each of which is an appropriate area for the locations of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts, that non-conforming buildings, structures, and uses not be permitted to continue without restrictions. Therefore, the purpose of this article is to provide for the regulation of non-conforming buildings, structures, and uses and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses shall be permitted.

   (A)   Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

   (B)   Any legal non-conforming building or structure may be continued in use provided there are no physical changes other than necessary maintenance and repair, except as otherwise permitted herein.

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

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

   (B)   Whenever a non-conforming use of a building or structure or part thereof has been discontinued for a period of six consecutive months, or whenever there is evidence of a clear intent on the part of the owner to abandon a non- conforming use, this use shall not, after being discontinued or abandoned, be re-established. The use of the premises thereafter shall be in conformity with the regulations of the district it is located in.

   (C)   Where no enclosed building is involved, discontinuance of a non-conforming use for a period of three consecutive months shall constitute abandonment, and shall not thereafter be used in a non-conforming manner.

   (D)   A non-conforming use not authorized by the provisions of the Zoning Code now in effect shall be discontinued. (See § 159.143 below for time of removal)

   (E)   In no event shall an owner of a non-conforming driveway located within a zoned residential district be required to remove the driveway so long as the owner maintains the driveway in good order and repair. The owner shall be permitted to maintain and repair the driveway but may not expand its use or otherwise enlarge its size.

   The period of time during which the following non-conforming uses of buildings, structures, or land may continue or remain shall be limited from the effective date of this chapter and section, or amendment thereto, which causes the use to be non-conforming. Every non-conforming use shall be completely removed from the premises at the expiration of the period of time specified below:

   (A)   Any non-conforming use of a building or structure having an assessed valuation not in excess of $500 shall be removed after two years;

   (B)   All non-conforming advertising devices such as pennants, flags, movable signs, or portable outdoor displays, in any business district shall be removed after two years;

   (C)   Any non-conforming signs and any and all billboards and outdoor advertising structures shall be removed after ten years;

   (D)   Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to the use, or where the use is maintained in connection with a conforming building, shall be removed after a period of two years;

   (E)   Any non-conforming house trailer(s) shall be removed after a period of ten years; and

   (F)   In all residential districts, any use lawfully existing at the adoption of this Chapter, but permitted only in the business districts or in the manufacturing/industrial districts, and which use is located in a building, all or substantially all of which is designed or intended for residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following schedule:

 

 

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

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

      (1)   When the alteration is required by law;

      (2)   When the alteration will actually result in elimination of the non-conforming use; and

      (3)   When a building is in a residential district containing residential non-conforming uses, it may be altered in any way to improved livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

   If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of 50% of more of its replacement value at the 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 then 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 diligently prosecuted to completion.

   (A)   A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conforming use, and is made to conform to all the regulations of the district in which it is located, except as provided in § 159.147 of this chapter;

   (B)   No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the non-conforming use, except as provided in § 159.147 of this chapter;

   (C)   No non-conforming 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 use in the same building or on some parcel of land, except as provided in § 159.147 of this chapter; and

   (D)   A building or structure which is non-conforming with respect to yards, floor area ratio, or any other element of bulk, shall not be altered or expanded in any manner which would increase the degree or extent of its non- conformity with respect to the bulk regulations for the district in which it is located, except as provided in § 159.147 of this chapter.

   Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is non-conforming only in the particular manner herein specified, the building and use thereof shall be exempt from the requirements of §§ 159.143 and 159.144 of this chapter. This section does not nullify the requirements of § 159.145, where a nonconforming building or structure is damaged or destroyed.

   (A)   In any residential district where a dwelling is non-conforming 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 residential district where a use permitted in the B-1 District occupies ground floor space within a multiple family dwelling located on a corner lot;

   (C)   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; and

   (D)   In any district where an established building, structure, or use is non-conforming with respect to the standards prescribed herein for any of the following:

      (1)   Floor area ratio (FAR);

      (2)   Lot area per dwelling unit;

      (3)   Yards, front, side, rear, or transitional;

      (4)   Off-street parking and loading;

      (5)   Lot area;

      (6)   Building height; and

      (7)   Gross floor area.