1141.04 NONCONFORMING USES.

   (a)   Any lawful use of any dwelling, building, structure or land existing at the effective date of this Zoning Ordinance may be continued, even though such use does not conform to the provisions thereof.

   (b)   Subject to the provisions of subsection (c), below, whenever the use of a building or land shall become nonconforming through a change in this Zoning Ordinance or a change in the district boundaries, such use may be continued, and may be changed to another nonconforming use of the same or of a more restricted classification.

   (c)   A nonconforming use of a building or land, or portions thereof, which are hereafter voluntarily discontinued for a continuous period of two years or more, shall not again be used except as in conformity with the regulations of the district in which such building or land is located.

   (d)   Any building arranged, intended or designed for a nonconforming use, the construction of which has been started at the time of the passage of this Zoning Ordinance, but not completed as of the date of passage hereof, may be completed and put into such nonconforming use, provided it is done within one year after the effective date of the within Zoning Ordinance.

   (e)   Except as otherwise provided in this section, no nonconforming building or structure shall be moved, extended, enlarged or altered, and no nonconforming use of land shall be expanded, except when authorized by the Board of Zoning Appeals in accordance with the provisions of this chapter.

      (1)   The Board may permit the extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district.

      (2)   In any event the Board shall permit the movement, extension or expansion of a nonconforming use to any applicant who demonstrates that a failure to obtain permission to use the property in the nonconforming manner will remove all economic viability from the property at issue

      (3)   In any event the Board shall permit the movement, extension or expansion of a nonconforming structure to any applicant who demonstrates that failure to obtain permission to move, extend or expand the structure will result in practical difficulties for the landowner.

   (f)   If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification without prior authorization by the Board. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of the adoption of this Zoning Ordinance.
(Ord. 13-05. Passed 3-21-05.)

   (g)   Structural alterations to existing, nonconforming single family or duplex residence dwellings may be made without the prior approval of the Board in any of the following circumstances:

      (1)   If the improvement is being made to more nearly conform with other dwellings in the district; or

      (2)   If structural alterations are being made in order to comply with or improve sanitary, health and safety conditions or requirements on any such dwelling. In such case, said alteration or additions may not project beyond the sideline or wall of the existing dwelling, and in no instance come closer than three feet to any side lot line or ten feet from any rear lot line. The addition or structural alteration shall not increase the total floor area of said single family dwelling by more than fifty square feet.

   (h)   The Board may permit the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Ordinance for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A Zoning Certificate for such use shall be granted in the form of a temporary and revocable permit, pursuant to the terms of Chapter 1125, for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

   (i)   A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy, may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are commenced within one year of the date of such damage.

   (j)   Nonconforming trailers or mobile homes located on a lot in any district other than an “R-3" district, once removed, shall not be relocated on such lot.

(Ord. 13-05. Passed 3-21-05; Ord. 60-08. Passed 1-5-09.)