All lawful uses of land or of a building, sign, or other structure existing on the effective date of this chapter may be continued, maintained, reconstructed, altered, restored, changed, sold, or resold even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, providing such nonconforming conditions shall comply with the following.
(A) Zoning permit.
(1) Where a zoning permit has been issued for a nonconforming building or use 90 or more days prior to the effective date of this chapter, and construction other than excavation and foundations has not been started, the zoning permit previously issued shall become null and void and all future zoning permits shall be granted as provided in § 150.40 through 150.61, only when proposed buildings and uses conform to the requirements of this chapter.
(2) Where a zoning permit has been issued less than 90 days prior to the effective date of this chapter and the proposed building or use does not conform to the requirements of this chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this subchapter, only if at least one of the following conditions has been met prior to the effective date of this chapter:
(a) Construction other than excavation has been started; or
(b) A contract for construction other than excavation has been let.
(B) Alterations. Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use.
(C) Extension(s) or enlargement(s).
(1) The types of extension(s) and enlargement(s) listed below are permitted for nonconforming uses and buildings existing on the effective date of this chapter:
(a) The extension of a nonconforming use of land upon a lot occupied by such use;
(b) The extension or enlargement of a conforming building occupied by a nonconforming use;
(c) The extension or enlargement of a nonconforming building occupied by a nonconforming use; and
(d) The extension or enlargement of a nonconforming building occupied by a conforming use.
(2) The foregoing extension(s) or enlargement(s) shall be subject to the following conditions:
(a) The extension or enlargement shall conform to the height, area, and coverage regulations of the district in which it is located;
(b) Refer to § 154.005(D) for information relating to yards;
(c) The entire building or use shall be provided with off-street parking and loading spaces as required by § 154.030; and
(d) The extension or enlargement does not replace a conforming use.
(D) Abandonment. If the nonconforming use of the building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter with exception to the following: hereafter, the removal of a trailer coach from a trailer camp which is nonconforming under the terms of this chapter shall constitute abandonment of the space so occupied and subsequent use of the said trailer space shall conform with the provisions of this chapter.
(Ord. 2010-03, passed 3-1-2010)