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Any lawful use of land or structure, excluding signs, existing on the effective date of this chapter and which by the terms thereof has become a nonconforming use is hereby declared not to be in violation at the effective date of this chapter. Such a nonconforming use shall be subject to all of the provisions of this chapter pertaining to its continuance, change and discontinuance.
(A) No nonconforming use shall be extended to a portion of the building not originally utilized for the use. No nonconforming use shall be extended to occupy any land outside the building on the same plot not so used at the effective date of this chapter.
(B) No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to 1 which complies with the provisions of this chapter; provided that necessary repairs and maintenance may be carried out provided that the work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use.
(C) If any nonconforming structure, or if any building in which there is a nonconforming use is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that surpasses 50% of the replacement cost, it shall not be again used or reconstructed except in conformance of the regulations of the district in which it is located.
(D) There may be a change of tenancy or ownership of a nonconforming use provided that there is no change in the specific character of the nonconforming use.
(E) If for any reason a nonconforming use of land or a structure ceases, or is discontinued for a period more than 180 days, the land or structure shall not thereafter be used for the same or any other nonconforming use.
(F) The casual, temporary or illegal use of land or a structure shall not be sufficient to establish the existence of a nonconforming use or create the continuance of a use.
(G) If a conforming structure containing a conforming use at the effective date of this chapter is later expanded through a newly constructed structural addition, only the new structural addition shall be required to meet the provisions of this chapter.
(2002 Code, Art. II, § 92.00.13) (Ord. passed 10-19-1999; Am. Ord. passed 8-15-2023)
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