Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Zoning Chapter and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this Zoning Chapter or of any subsequent amendment thereto, shall be subject to the following restrictions:
A. Repairs And Alterations:
1. Ordinary repairs and alterations, including the replacement of storage tanks where the safety of operation of the building, structure or use requires such replacement, and as otherwise determined by the Zoning Administrator, may be made to a nonconforming building or structure.
2. No structural alterations shall be made in or to a nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except as follows:
a. Those structural alterations which will make the building or structure, and use thereof, conform to the regulations of the district in which it is located.
B. Additions And Enlargements:
1. No addition or enlargement of any kind shall be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and specifically including a building or structure nonconforming only as to bulk, except as follows:
a. An addition or enlargement made to conform a nonconforming building or structure, and the use thereof, to all the regulations of the district in which it is located.
C. Moving: A building or structure which does not conform to all the regulations of the district in which it is located shall not be moved, in whole or in part, to any other location, unless every portion of such building or structure is moved, and the use thereof is made to conform to all the regulations of the district into which it is moved.
D. Restoration Of Damaged Nonconforming Buildings: A building or structure, all or substantially all of the building or structure which was designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire, other casualty, or act of God, shall be restored subject to the following conditions:
1. If the building or structure is destroyed or damaged to the extent that the cost of restoration to the condition in which it existed prior to the occurrence will exceed fifty percent (50%) of the cost of restoration of the entire building or structure new, the building or structure, and the use thereof, shall be restored only if they conform after restoration to all regulations of the district in which said building or structure is located;
2. If the building or structure is destroyed or damaged to the extent that the cost of restoration to the condition in which it existed prior to the occurrence is less that fifty percent (50%) of the cost of restoration of the entire building or structure new, such restoration shall be started within one year from the date of the partial destruction, and be thereafter diligently prosecuted to completion.
E. Discontinuance Of Use Of A Nonconforming Building Or Structure: A building, structure or portion thereof shall not be occupied or used except by a use which conforms to the use regulations of the district in which it is located when the following conditions occur:
1. All or substantially all of the building, structure or any portion thereof is designed or intended for a use which is not permitted in the district in which it is located; and
2. The building, structure or portion thereof is or becomes vacant, unoccupied, and not used:
a. On the effective date of this Zoning Chapter; or
b. For any continuous period of one hundred eighty (180) days any time after the effective date of this Zoning Chapter.
F. Expansion Of Use In Nonconforming Buildings Or Structures: The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, with the following exception:
1. No change or structural alteration shall be made unless such change or structural alteration and the use thereof conforms to all the regulations of the district in which the building or structure is located.
G. Change Of Use In Nonconforming Buildings Or Structures: The nonconforming use of building or structure may be changed to a use permitted in the district in which the building or structure is located, provided that no change shall extend or otherwise modify any provision made in this Chapter for elimination of such nonconforming building or structure, and the use thereof. (1985 Code)