(a)   The lawful use of a dwelling, building or structure, a parcel or lot, or the use of any land or premises as lawfully existing on the effective date of this Zoning Code may be continued, although such dwelling, building, structure, parcel or lot, or use does not conform to this Zoning Code.

   (b)   If no structural alterations are made to an existing nonconforming structure or building, a nonconforming use of a building or premises may be changed to another nonconforming use of a more restricted classification, subject to approval by the Board of Zoning Appeals.

   (c)   Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use, including the former use, or another nonconforming use.

   (d)   Whenever the use of a building or premises becomes nonconforming through a change in this Zoning Code or district boundaries, such use may be continued unless it is specifically restricted by another section of this Zoning Code enacted for the health, safety and welfare of the Municipality. If no structural alterations are made, it may be changed to another nonconforming use of a more restricted classification, subject to approval by the Board of Zoning Appeals.

(Ord. 17-2013, passed 9-24-2013)

   If a nonconforming use of a building, structure or use of a premises is discontinued for one year, the use of such building or premises shall thereafter conform to a use permitted in the district in which it is located.

(Ord. 17-2013, passed 9-24-2013)

   No existing building, structure or premises devoted to a use not permitted by this Zoning Code in the district in which such building or premises is located, shall be enlarged or extended, unless such use is changed to a use permitted in the district in which such building or premises is located.

   The moving, reconstruction, extension, enlargement, or alteration of nonconforming buildings or structures shall be as follows:

   (a)   Alterations. Alterations within the building footprint are permitted if the alteration conforms to off-street parking, loading, landscaping and maneuvering standards of this Zoning Code.

   For the purposes of this chapter, “alteration” shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress and egress, or any enlargement to or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

    (b)   Enlargement. The enlargement of nonconforming structures is permissible in the front, side and rear yards if:

      (1)   Such enlargement does not encroach into a required yard setback and if such enlargement does not further encroach closer to a lot line than the existing nonconforming structure.

      (2)   The enlargement of the structure shall not exceed the height of the existing structure and shall conform to off-street parking, loading, landscaping and maneuvering standards of this Zoning Code.

      (3)   No enlargement shall cause additional nonconformities with respect to other lot development standards in the district the lot is located.

      (4)   The total of all enlargements of a nonconforming structure or building shall not exceed 100 percent of the gross floor area of the nonconforming structure prior to enlargement.

      (5)   If the enlargement of a nonconforming structure is proposed to encroach into a required yard, a variance is required by the Board of Zoning Appeals.

      (6)   Any expansion of a nonconforming use shall be within a fully enclosed building or structure.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Any equipment, motor vehicle or machinery that is considered by the Municipality to be part of the nonconforming use, building or structure may not be increased in number, size or type unless a variance is requested and approved through the Board of Zoning Appeals.

   (b)   Replacement equipment, in equal number, size and type, shall be permitted if the equipment, motor vehicle or machinery being replaced has been moved permanently off site upon delivery of the replacement equipment. Replacement shall not require a variance process.

(Ord. 17-2013, passed 9-24-2013)

   A nonconforming building that is partially destroyed or damaged (exclusive of the foundation), to an extent of less than 33 percent of its reproduction value at the time of the damage, by fire, flood, earthquake, explosion, war, riot, act of God or act of the public enemy, may be restored, and the use of the building may be resumed in accordance with this chapter, provided that the restoration and resumption shall take place within one year of the time of such damage or destruction.

   In the event that any nonconforming building or structure is voluntarily destroyed or dismantled, to the extent of more than 33 percent of the fair market value of such structure, exclusive of foundation, it shall not be rebuilt, restored, or reoccupied for any use unless it conforms to all regulations of this Zoning Code.

(Ord. 17-2013, passed 9-24-2013)

   Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a building, structure or use of premises in violation of zoning regulations in effect on the effective date of this Zoning Code.

(Ord. 17-2013, passed 9-24-2013)