The lawful use of a building or premises existing on the effective date of this chapter may be continued although the use does not conform to all the provisions of this chapter except as herein provided.
(A) Whenever a nonconforming title use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use or a less restricted use, except upon approval of the Board of Zoning Appeals; provided, that where a property in an M-1 or M-2 District conforms with requirements for off-street parking through the utilization of leased land on the effective date of this chapter, the use of that property shall not be considered to have changed from conforming to nonconforming use by virtue of the loss of the right to the use of leased property for off-street parking purposes, until the time or unless additional property becomes available, in which event off-street parking requirements shall be met before other uses are established.
(B) A building designed or arranged for a nonconforming use or devoted to a nonconforming use on the effective date of this chapter shall not be reconstructed, altered, or enlarged unless it is designed, arranged, and intended for a conforming use, except when the building is destroyed or damaged by fire or other casualty so that the cost of restoration to the condition in which it was before the occurrence of the fire or other casualty will not exceed 50% of the cost of replacement of the entire building.
(C) A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of the conforming building or structure nor changed except to a conforming use.
(D) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.
(E) The nonconforming use of land for storage purposes shall be discontinued within five years from the effective date of this chapter and the use of land for storage purposes which becomes nonconforming by reason of subsequent change in this chapter shall also be discontinued within five years from the date of change.
(F) Whenever a nonconforming use has been discontinued for a period of one year, the use shall not thereafter be established and any future use shall be in conformity with the provisions of this chapter.
(G) The Board of Zoning Appeals may authorize, by written permit, in a residential district for a period of not more than one year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of the district.
(H) Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued and the construction of which has been started within 90 days of the date of the permit and diligently prosecuted to completion according to the plans as filed.
(I) (1) In a Floodway (FW) District, no nonconforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in a floodway from Natural Resources.
(2) In a Floodway Fringe (FF) District a building which constitutes a nonconforming use may undergo substantial modification provided the modification is on a one-time-only basis and further provided that the modification does not increase the value of the building, by more than 40% of its pre-improvement market value, (excluding the value of land) unless the building is permanently changed to a conforming use.
(3) A nonconforming use in a Floodplain (FP) District may be altered, enlarged, or extended, on a one-time-only basis, provided the procedures set forth in the ordinance codified in this section with respect to new construction in a Floodplain (FP) District are followed and further provided the alterations, enlargements, or extensions do not increase the value of the building structure, or other use (excluding the value of land) by more than 40% of its pre-improvement market value, unless the building, structure, or use is permanently changed to a conforming use.
(4) Any nonconforming use in the FP, FW, and FF Districts which is damaged by flood, fire explosion, act of God, or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land, by more than 40% of its predamage value.
(Prior Code, § 156.081) (Ord. 3241, passed - -1979) Penalty, see § 156.999