(A) Nonconforming structures.
(1) No nonconforming structure may be enlarged or altered in a way, which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) Damage to nonconforming use structure. Any nonconforming building, other than a single family dwelling, damaged more than 50% of its then fair market value above the foundations at the time of the damage by fire, wind, flood, explosion, earthquake, war, riot, act-of-God or man shall not be reconstructed and used as before such calamity. However, if the building is less than 50% damaged it may be reconstructed or used provided that such reconstruction or use be accomplished within 12 months of such calamity.
(B) Nonconforming uses of structure or structures and land in combination.
(1) Use cannot be changed to nonconforming use. Whenever a nonconforming 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.
(2) Temporary nonconforming use. The Board may authorize by written permit, in a district permitting residential use, for a period of not more than one year from the date of such permit, a temporary building for business or industrial use incidental to the residential construction and development of the district.
(3) May be changed. A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided the size of the structure is not increased; and providing that the use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(4) May be extended. A nonconforming use may be extended throughout a building which was manifestly arranged or designed for such use at the time of adoption or amendment to this chapter, provided the size of the structure is not increased and the use is not extended to occupy any land outside such building.
(5) Discontinuance of nonconforming use. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, except when government action impeded access to the premises, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and any nonconforming dwelling which is deficient in ground floor area, and which may be removed from the lot.
(6) Honoring previous permits. Nothing herein contained shall require any change in the plans for the construction or designated use of a building for which a building permit has been heretofore issued, and the actual construction of which has been diligently prosecuted within 90 days of the date of the permit, and which entire building shall be completed according to such plans filed on or before the completion date of this Code. Actual construction is defined to include the erection of construction materials in permanent position and fastened in a permanent manner.
(7) Nonconforming use resulting from amendment. The provisions apply in the same manner to a use, which may become a nonconforming use as a result of an amendment to this chapter.
(C) Repairs and maintenance.
(1) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of walls fixtures, heating, wiring or plumbing; provided that the cubic content existing when it became nonconforming shall not be increased.
(2) In a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt after six months of such declaration except in conformity with the regulations of the district in which it is located.
(3) Buildings may be made safe. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by proper authority.
(Ord. 2002-19, passed 7-1-02)