A use of a building existing lawfully at the time this Planning and Zoning Code became effective, but which does not conform to the use regulations, including the sign regulations, of the district in which it is located, is a nonconforming use of a building and may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Change of Use. The nonconforming use of a building may only be changed to a conforming use. Thereafter, it shall not be changed back to the former nonconforming use. The term "change of use" shall not include changes within a single use category
(b) Expansion of Use. A nonconforming use of part of a building may only be expanded or extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code that made the use nonconforming, but no such use shall be extended so as to occupy any land outside such building.
(c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.
(d) Nonconforming Signs. Signs lawfully erected but made nonconforming by adoption of this Planning and Zoning Code or amendments thereto, may be maintained and repaired as authorized by the Administrator to ensure attractive and safe conditions; however, such signs shall not be otherwise altered or moved unless made to comply with all regulations of Chapter 1143. Further, any sign or part thereof which is removed, except for authorized repairs or requires repairs of a cost which exceeds fifty percent (50%) of its reproduction value, shall not be rebuilt or relocated unless made to comply with all regulations of Chapter 1143. Temporary and incidental signs shall not become lawful nonconforming signs.
(e) Nonconforming Parking Facilities. A building or use existing lawfully at the time this Planning and Zoning Code or an amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. Any parking spaces that may be provided shall be in accord with the regulations and standards set forth in Chapter 1141. If an existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accord with the schedule as set forth in Sections 1141.05 and 1141.13; provided, however, that if the building is located in the Central Shopping District the owner or occupant shall not be required to provide additional parking for the increased parking requirement unless it results from an increase in the floor area due to an expansion of an existing building.
(f) Nonconforming as to Performance Standards. A building or use existing lawfully at the time this Code became effective, but which is nonconforming as to one or more of the performance standards shall not be required to conform therewith except at such times that the use is changed or the building is altered.
(Ord. 2019-39. Passed 8-13-19.)