(A) Nonconforming uses, buildings, and structures include uses, buildings, or structures that were lawfully existing prior to the adoption of these regulations, or any amendment thereto and which are prohibited or further restricted as a result of the provisions adopted in these regulations.
(B) (1) A nonconforming use, building, or structure may be changed to another nonconforming use, building, or structure only by the Board of Zoning Appeals.
(2) The Board of Zoning Appeals may permit substitution of a new nonconforming use, building, or structure in place of an existing nonconforming use, building, or structure provided the Board of Zoning Appeals determines that any changes will be less detrimental to the neighborhood than the existing use.
(C) Any nonconforming use of land that is discontinued for a period of 12 months or more, shall not thereafter be returned to a nonconforming use.
(D) Any nonconforming use superseded by a permitted use within the zoning district where it is located shall thereafter be in conformance with these regulations, and the previous nonconforming use shall not be resumed.
(E) No nonconforming use, building, or structure shall be enlarged, extended, reconstructed or structurally altered except as pursuant to the provisions of these regulations.
(F) No nonconforming building or structure shall be moved in whole or in part to any other location unless the building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the zoning district in which the building or structures are to be located.
(G) Any nonconforming building or use of land destroyed by natural causes (fire, flood, earthquake, tornado, or the like) to the extent of more than 60% of its replacement value shall not be resumed or reconstructed. The remains of any building or structure shall be razed as soon as possible. Any subsequent use of the land shall be in conformance with these regulations. Replacement value shall be based upon the reproduction cost of the building, structure or use prior to the calamity and determined by the Zoning Administrator. In case of any uncertainty about the replacement value of a particular building, structure or use, the determination of the Board of Zoning Appeals or their designated representative shall be final.
(H) Nothing in these regulations shall grant legal nonconforming use status to a use that existed unlawfully prior to the enactment of these regulations.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999