(1) Nonconforming use may be continued. Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this chapter may be continued although such does not conform to the provisions hereof. Except as provided in the section, the nonconforming use may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this chapter.
(2) Change of nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same classification. Whenever a nonconforming use of land or building has changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restrictive use.
(3) Extension of use within existing building. The nonconforming use of a building may be hereafter extended throughout those parts of a building which are primarily arranged or designed for the use at the time of the enactment of this chapter.
(4) Buildings nonconforming in height, area, yard or bulk. A building nonconforming as to height, area, yard or bulk requirements may be altered or extended, provided the alteration or extension does not increase the degree of nonconformity in any respect.
(5) Discontinuance of nonconforming use. No nonconforming building or portion thereof in whole or in part in a residential district which remains idle or unused for a continuous period of 120 days, or which remains idle, unused or without utilities which are required by the International Property Maintenance Code in any other district for a period of 12 months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which the building or land is located. No nonconforming mobile home on an individual lot or parcel shall be replaced by another nonconforming mobile home after removal or discontinuance of use for seven consecutive days. However, mobile homes in nonconforming mobile home parks or courts may be replaced as long as the total number of units does not exceed the total number in place at the time of enactment, amendment or revision of this chapter.
(6) Destruction of a nonconforming use. No building which has been damaged by any cause whatsoever to the extent of more than 50% of the fair market value of the building, immediately prior to the damage, shall be restored except in conformity with the regulations of this chapter and all rights as a nonconforming use are terminated. If a building is damaged by less than 50% of the fair market values, it may be repaired or reconstructed and used as before the time of damage, provided that the repairs or reconstruction be substantially completed within 12 months of the date of the damage. The provisions of this division shall not, apply to any bona fide residence, including mobile homes used for residential purposes. The uses may be reestablished regardless of the extent of damage.
(7) Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(8) Nonconforming lots of record. Where a lot of record at the time of the effective date of this chapter has less area or depth than herein required in the district in which it is located, and the owner of the lot does not own any other parcel or tract adjacent thereto, the lot may nevertheless be used, for any use permitted within the district in which it is located, provided that side yard setbacks shall not be reduced below five feet, rear yard setbacks below 15 feet or front yard setbacks below 35 feet except by a variance from the Board of Zoning and Housing Appeals.
(B) If, however, the owner of two or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must combine the lots to comply, with the dimensional requirements of the chapter.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05; Am. Ord. 13-05-001, passed 5-20-14)