An existing nonconforming us, building or structure cannot be enlarged, reconstructed, substituted or structurally altered unless required to do so by law or order and as follow:
A. Enlargement. Any nonconforming use, building or structure may be enlarged up to, but not more than 25 percent of its floor area and/or lot area, as it existed at the time of passage of this Chapter. Such enlargement must conform to all other regulations of the district where it is situated. This provision may be used only once for each zone lot.
B. Repairs and Maintenance.
(1) Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use is permitted provided it does not extend the area or volume of space occupied by the nonconforming use.
(2) A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
C. Displacement and Change of Use.
(1) A nonconforming use may be changed into a conforming use only, or to another nonconforming use more closely approaching the uses permitted in the district in which such use is located as determined by the Zoning Hearing Board in the manner set forth for the review
(2) A nonconforming use shall not be extended to displace a conforming use, except to provide room for parking or loading facilities which will serve the nonconforming use and which will substantially lessen congestion resulting from the nonconforming use.
(3) Buildings or structures, regardless of conformity or ownership shall not be combined for the purpose of extending an existing nonconforming use, or for creating a different nonconforming use.
D. Restoration. Any nonconforming building or structure damaged less than 50 percent of its then existing floor area may be restored reconstructed or used as before; provided, that the volume of such use, building or structure shall not exceed the volume which existed prior to such damage, and that it be complete within 1 year of such happening.
E. Termination.
(1) When 50 percent or more of the existing floor area volume or use of land is destroyed by fire, casualty, or act of God, it shall thereafter be terminated as a nonconforming use, building structure.
(2) When discontinued for a period of 1 year or more, a nonconforming use shall be terminated. Change to a lower number use classification or to a conforming use shall be considered an abandonment thereof, and such nonconforming use cannot be revived.
F. Approval Granted Prior to Passage of Chapter. A building, structure or use, planned, constructed or designed in compliance with existing law prior to the adoption of this Chapter, shall be deemed a legal nonconforming use; provided, that:
(1) The construction or use was actually started prior to the adoption of this Chapter.
(2) The ground-story framework including the second tier of beams is completed within 6 months of the adoption of this Chapter.
(3) The entire building, structure or use is completed or installed and ready for occupancy or operation within 1 year of the adoption of this Chapter.
(Ord. 244A, 3/3/1975, Art. VII, §7.300)