1141.01 Nonconforming buildings.
1141.02 Nonconforming use of buildings.
1141.03 Nonconforming use due to reclassification.
1141.04 Termination and reversion. (Repealed)
1141.05 Nonconforming use of land.
1141.06 Changes, additions or improvements.
CROSS REFERENCES
Nonconforming building, lot and use defined - see P. & Z. 1105.13
Nonconforming signs - see P. & Z. 1145.05
A building or other structure, existing lawfully at the time this Zoning Code became effective, but which does not now conform by reason of such adoption or amendment to the lot area, dwelling area, yard regulations, building height or off-street parking regulations, or as to design, not designed for the use, or other regulations of the district in which it is located, may be continued only under the following conditions:
(a) Maintenance and Repair. A nonconforming building may continue to be used, maintained and normal repairs may be made. Normal repairs include the ordinary maintenance of a building or structure and the replacement of equipment which is required for safety of operation and the replacement or substitution of equipment. Normal repairs do not include the replacement of structural parts except when required by law to restore the building or structure to a safe condition or to make the building or structure conforming.
(b) Additions. A nonconforming building may be added to or enlarged, provided the whole building as well as the additions or enlargements are made to conform to all of the regulations of the district in which it is located.
(c) Moving. A nonconforming building may be moved in whole or in part to any other location on the lot or to another lot, provided every portion of such building so moved conforms to all of the regulations applicable to the lot on which it is located or to which it is to be relocated.
(d) Restoration of Damaged Buildings. If a nonconforming building is damaged, destroyed or removed by whatever cause, including acts of God, up to the extent of fifty percent (50%) of its reproduction value those portions so destroyed, damaged or removed may be restored to not more than their former size, provided such restoration is completed within a period of one year from the date of the damage, destruction or removal; and the nonconforming use existing prior to damage, destruction or removal may be continued.
If a nonconforming building is damaged, destroyed or removed by whatever cause, including acts of God, more than fifty percent (50%) of its reproduction value, it may only be repaired, reconstructed, restored or rebuilt in conforming with all use, area, yard, height, off-street parking, design and all other regulations of the district in which the building is located.
(e) Any accessory building or structure incident to or accessory to a nonconforming building shall be subject to the provisions of this section.
(Ord. 91-38. Passed 8-19-91.)
The nonconforming use of a building which was lawful prior to the adoption of this Zoning Code, but which does not conform by reason of such adoption or amendment as to use regulations, dimensions, area, yard, height, percent of lot coverage, or as to design or other regulations of the district in which it is located may be continued only under the following conditions:
(a) Change of Use. The nonconforming use of a building, or any part thereof, may only be changed to a conforming use. If the use of a nonconforming building, or any part thereof, is changed to a conforming use, thereafter it shall not be changed back to the former or any other nonconforming use.
(b) Nonexpansion of Use. A nonconforming use of a building, or any part thereof, shall not be expanded or extended.
(c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year or changed to a conforming use, any future use of such building, or portion thereof, so discontinued or changed, shall be in conformity with the district regulations in which the building is located.
(Ord. 91-38. Passed 8-19-91.)
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