A. Authority to Continue. Except as provided in Subsection I of this Section, any lawfully existing nonconforming use, whether or not it involves the use of a principal or accessory structure, may be continued so long as it remains otherwise lawful, subject to the regulations contained in Subsections B through H of this Section and in Subsection D of Section 6-101 of this Code.
For purposes of this Section, any structure that is used in connection with a nonconforming use of land and that has an assessed value of less than $5,000 on the effective date of this Code or any amendment hereto creating such nonconformity shall be considered to be a structure accessory to a noncon-forming use of land.
B. Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use; provided, however, that this Subsection shall not be deemed to authorize any violation of Subsections C through I of this Section.
C. Structural Alteration. A structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use may be structurally altered; provided, however, that this Subsection shall not be deemed to authorize any violation of Subsection D through I of this Section; and provided further that no such alteration shall create a new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of Paragraph 5-104B1 of this Code shall control.
D. Enlargement of Structure. No structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of Paragraph 5-104B1 of this Code shall control.
E. Extension of Use. A nonconforming use of land or of a structure that is accessory to a nonconforming use of land or a nonconforming use in any other structure shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without limitation:
1. An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code or any amendment hereto that causes such use to become nonconforming; and
2. An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code or any amendment hereto that causes such use to become nonconforming; and
3. An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this Code or any amendment hereto that causes such use to become nonconforming.
F. Moving. No structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
G. Change in Use. A nonconforming use of land not involving a structure or involving only a structure that is accessory to a nonconforming use of land or a nonconforming use in a structure shall not be changed to any use other than a use permitted in the zoning district in which the use or structure is located; provided, however, that the Board of Trustees may, after public notice and hearing, authorize in any location an existing nonconforming use to be replaced by another, different nonconforming use when such replacement use is either by a public service corporation or for a public utility, civic, or municipal purpose and is found by the Board of Trustees to be reasonably necessary for the public convenience and welfare. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any non-permitted use. For purposes of this Subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of five days. Any change of use in violation of this Subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.
H. Damage or Destruction. Any structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of such structure new shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, bulk, yard, or space nonconformity or increasing the degree of any parking, bulk, yard, or space nonconformity existing prior to such damage or destruction; provided, however, that such structure may be restored if the Zoning Board of Appeals shall grant a variation pursuant to Section 7-403 of this Code to permit such restoration and continued nonconforming use. In determining whether a parking non-conformity has been created or increased, the provisions of Paragraph 5-104B1 of this Code shall control.
When any such structure is damaged or destroyed by any means to the extent of 50 percent or less of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue subject to the regulations of this Section; provided, however, that no repairs or restorations shall be made that would create any new parking, bulk, yard, or space nonconformity or increase the degree of any parking, bulk, yard, or space nonconformity existing prior to such damage or destruction, nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
I. Termination by Abandonment. When a nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land or when a nonconforming use of part or all of a principal structure is discontinued for a period of one year, regardless of any intent to resume or not to terminate such use, such use shall be deemed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.
Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the non-conforming user, shall not be considered in calculating the length of discontinuance for pur-poses of this Subsection.