(a) Nonconforming Use of Land. In the Residential Districts, where open land is being used for a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of the passage of this Zoning Code (Ordinance 1775, passed October 22, 1973). During the two-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period, or, if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use. Thereafter, both land and building shall be used only as conforming uses.
(b) Nonconforming Use of Buildings. Except as otherwise provided herein, the lawful use of a building existing on the effective date of this Zoning Code (Ordinance 1775, passed October 22, 1973) may be continued and expanded by an amount not to exceed two times its present floor area, although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. 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 hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this Zoning Code (Ordinance 1775, passed October 22, 1973).
(c) Discontinuance of Nonconforming Uses. No building or portion thereof used in whole or in part for a nonconforming use in a Residential District, which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the Residential District in which it is located.
(d) Destruction of a Nonconforming Use. No building which has been damaged, by any cause whatsoever, to the extent of more than fifty percent of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the provisions of this Zoning Code; all rights as a nonconforming use shall then be terminated. If a building is damaged by less than fifty percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction is substantially completed within twelve months of the date of such damage.
(e) Nonconforming Advertising Signs. All advertising signs in violation of Section 1252.14 shall be removed and such signs brought into conformity with all requirements of Section 1252.14 on or before a date not later than five years from the effective date of this Zoning Code (Ordinance 1775, passed October 22, 1973).
(f) Conditional Uses Not Nonconforming. Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement or extension.
(g) Intermittent Use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(h) Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.
(i) Nonconforming Uses Not Validated. A nonconforming use in violation of a provision of legislation which this Zoning Code repeals shall not be validated by the adoption of this Zoning Code.
(Ord. 1775. Passed 10-22-73.)