A. Authority To Continue: Except as provided in subsection I of this section, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the restrictions contained herein and in section 12-5-3 of this chapter.
B. Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use, provided, however, that this subsection shall not be deemed to authorize any violation of this section.
C. Structural Alteration: No structure devoted in whole or in part to a nonconforming use shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located.
D. Enlargement Of Structure: No structure devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located.
E. Extension Of Use: No nonconforming use shall be extended, expanded, enlarged or increased in intensity except that a nonconforming use located in a structure not designed or intended for any use permitted in the district in which such structure is located may be extended throughout any part of such structure lawfully existing on the effective date hereof provided, however, that such extension shall not be allowed unless off street parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of chapter 9, "Off Street Parking And Loading Facilities", of this title.
F. Moving: No structure devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
G. Change In Use: No nonconforming use shall be changed to any use other than a use permitted in the zoning district in which the use is located, except as provided for in section 12-5-7 of this chapter. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonconforming use. For purposes of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of five (5) days. Any change of use in violation of this subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.
H. Damage Or Destruction: Any structure devoted in whole or in part to, or accessory to, a nonconforming use that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located. In determining whether a parking or loading nonconformity has been created or increased, the provisions of chapter 9, "Off Street Parking And Loading Facilities", of this title shall control.
I. Termination By Discontinuance Or Abandonment:
1. When a nonconforming use is discontinued or abandoned for a period of twelve (12) months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.
2. Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection. (Ord. Z-8-98, 9-21-1998)