The purpose of this Chapter is to establish regulations and limitations on the continued existence of uses, buildings and structures established prior to the effective date of this Development Control Ordinance which do not conform to the provisions of this Development Control Ordinance. Many such nonconformities may continue, but the provisions of this Chapter are designed to curtail substantial investment in such nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the zoning districts and the regulations established by the Development Control Ordinance. (Ord. 92-1855, 12-14-1992)

   A.   Authority To Continue: Any lawfully nonconforming use of part or all of a building or structure, or any lawfully existing nonconforming use of land not involving a building or structure or involving a building or structure that is accessory to such use of land, may be continued, so long as it remains otherwise lawful, subject to the provisions of subsections 10-9-2B through G.

   B.   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any building or structure that is devoted in whole or in part to a nonconforming use; provided, however, that this subsection shall not be deemed to authorize any violation of subsections 10-9-2C through G.

   C.   Expansion: A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include, without being limited to:

      1.   Expansion of such use to any building or structure of land area other than that occupied by such nonconforming use on the effective date of the Development Control Ordinance, or any amendment hereto which causes such use to become nonconforming;

      2.   Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of the Development Control Ordinance, or any amendment hereto which causes such use to become nonconforming;

      3.   Operation of such nonconforming use in such a manner as to conflict with, or to further conflict with, if already conflicting on the effective date of the Development Control Ordinance, or in the amendments hereto, any performance standards established for the district in which such use is located.

   D.   Relocation: No building or structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to any other location on the same or any other lot, unless the entire building or structure and the use thereof shall thereafter conform to all the regulations of the zoning district in which such building or structure and use are located after being so relocated. No nonconforming use of land shall be relocated in whole or in part to any other location on the same or any other lot, unless such use shall thereafter conform to all the regulations of the zoning district in which such use of land is located after being so relocated.

   E.   Change In Use: A nonconforming use of land or of a building or structure shall not be changed to any use other than a use permitted in the zoning district in which such land, building or structure is located. When such nonconforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted in the zoning district in which it is located. For the purpose of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and the permitted use shall have commenced and continued for a period of seven (7) days.

   F.   Abandonment Or Discontinuance: When a nonconforming use of land or a nonconforming use of part or all of a building or structure is for any reason, other than damage or destruction, discontinued or abandoned for a period of three hundred sixty five (365) consecutive days (regardless of any reservation of an intent not to abandon and to resume such use), such use shall not thereafter be re-established or resumed. Any subsequent use of such land, building or structure shall comply with the regulations of the zoning district in which such land, building or structure is located.

   G.   Damage Or Destruction: In the event that any building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than seventy five percent (75%) of the fair market value of such building or structure (excluding the value of the land upon which the building/structure is located) immediately prior to such damage, such building or structure shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which such building or structure and use are located. When such damage or destruction is seventy five percent (75%) or less of the fair market value of the building or structure (excluding the value of the land upon which the building/structure is located) immediately prior to such damage, such building or structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction, provided that such repair or damage or reconstruction is commenced within six (6) months and completed within twelve (12) months of the date of damage or destruction. (Ord. 92-1855, 12-14-1992)

   A.   Authority To Continue: Any nonconforming building or structure that is devoted to a use that is permitted in the zoning district in which such building or structure is located may be continued so long as it remains otherwise lawful, subject to the provisions of this Ordinance. (Ord. 92-1855, 12-14-1992)

   B.   Enlargement, Repair, Alterations: Any nonconforming building or structure may be enlarged, maintained, repaired or altered; provided that, no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such building or structure.

Notwithstanding the above, principal buildings or structures, constructed prior to the date hereof, that are considered nonconforming solely due to the nonconforming height of the building or structure, may be extended horizontally at a height in excess of said permitted maximum height but not in excess of the roofline of the existing building or structure. (Ord. 99-2082, 4-26-1999, eff. 8-1-1999)

   C.   Damage Or Destruction: In the event that any nonconforming building or structure that is damaged or destroyed, by any means, to the extent of more than seventy five percent (75%) of the fair-market value of such building or structure (excluding the value of the land upon which the building/structure is located) immediately prior to such damage, such building or structure shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which such building or structure and use are located. When such nonconforming building or structure is damaged or destroyed by any means, by seventy five percent (75%) of the fair-market value of the building or structure (excluding the value of the land upon which the building/structure is located) immediately prior to such damage, such building or structure may be repaired and reconstructed, provided that such repair or restoration begins within six (6) months and is diligently pursued to completion within twelve (12) months of the date of such damage.

   D.   Relocation: No nonconforming building or structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being relocated. (Ord. 92-1855, 12-14-1992)