"Nonconforming building" means a building or other structure, existing lawfully at the time this Planning and Zoning Code became effective, or which complied with this Planning and Zoning Code at the time the building or other structure was constructed or erected, but which does not now conform to the area, yard, height or similar regulations of the district in which it is located.
(a) Maintenance and Repair. The nonconforming building may continue to be maintained and/or remodeled as long as there are no structural changes and otherwise complies with this Planning and Zoning Code.
(Ord. 174-1964. Passed 1-25-65.)
(b) Moving. A nonconforming building may be moved in whole or in part to any other location on the lot or other premises, providing every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
(Ord. 121-1962. Passed 12-17-62.)
(c) Restoration of Damaged or Destroyed Building. If a nonconforming building is damaged to any extent, or wholly destroyed physically, by any means whatsoever, such nonconforming building so damaged or destroyed may be restored to its former size and capacity. Such repairs or restoration shall be completed within one year from the date of damage or destruction. Any variance from the original plans, size or types of materials to be used shall be approved by resolution of Council, upon recommendation of the Building Commissioner and the Chief of the Fire Division, The nonconforming use in existence prior to such damage or destruction may then be resumed or continued.
(Ord. 174-1964. Passed 1-25-65.)
(d) Discontinuance of Use. If a nonconforming use of a building or portion thereof is discontinued for a period of six months, or changed to a conforming use, any future use of such building or portion thereof shall be in conformity with the district regulations in which such building is located.
The existing nonconforming use of the office of a physician, surgeon, dentist, attorney or musician, as defined in Section 1143.02
, shall not be transferable to succeeding tenants or owners of the dwelling in which such nonconforming home occupation is presently being conducted. Such nonconforming use shall cease upon the death, incapacity or removal from such premises by the person conducting such business. (Ord. 61-2001. Passed 12-10-01.)