(A) Authority to continue and maintain. Passage of this code in no way legalizes any illegal uses existing at the time of its adoption. Nonconforming uses and structures may be as follows.
(1) Continuation of nonconforming use. A nonconforming use that lawfully occupies a structure or a land site on the effective date of this code may be continued so long as it remains otherwise lawful, subject to the standards and limitations in this section.
(2) Continuation of nonconforming structure. A nonconforming structure that lawfully occupies a lot on the effective date of this code and that does not conform with the standards for yards, buffers, height, gross floor area of structures, driveways, open space, or other similar regulation for the district in which the structure is located may be used and maintained, subject to the standards and limitations in this section.
(3) Continuation of nonconforming accessory uses and structures. The continued existence of nonconforming accessory uses and structures is subject to the provisions governing principal nonconforming uses and structures set forth in this section.
(4) Maintenance, repair, and structural safety. Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a nonconforming structure.
(B) Nonconforming structure. A nonconforming structure may not be moved, expanded, altered, except in the manner provided in this section or unless required by law.
(1) Repair, maintenance, alterations, and expansions. A nonconforming structure may be repaired, maintained, altered, or enlarged; provided, however, that no such repair, maintenance, alteration, or expansion shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure without having first obtained approval of a variance from the Board of Zoning Appeals.
(2) Moving. A nonconforming structure, including nonconforming signs, may not be moved, in whole or in part, for any distance whatsoever, to any other location on the same lot or to any other lot unless the entire structure conforms to the regulations of the zoning district in which it is located after being moved.
(C) Abandonment of nonconforming use. Any nonconforming use or structure that is abandoned or discontinued for a period of 365 consecutive days may not be reestablished or resumed. Any subsequent use or occupancy of the structure or land must conform to the regulations for the district in which it is located.
(D) Substitution of nonconforming use. So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon approval by the Board of Zoning Appeals, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that the Board shall find that the use proposed for substitution is equally appropriate or more appropriate to the district that the existing nonconforming use is in. In permitting such change, the Board may require that additional conditions and safeguards be met. Such requirements shall be stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a violation of this code. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use or other nonconforming use.
(E) Expansion or substitution of nonconforming uses. The Board of Zoning Appeals may approve, approve with conditions, or disapprove an application for expansion or substitution of a nonconforming use. Such decision shall be based on written findings of fact in consideration of the following standards:
(1) The failure of the proposed work to conform to any single factor or standard may not necessarily be a sufficient basis for denial;
(2) The proposed use is consistent with the general purposes and intent of the code;
(3) The proposed use promotes the safe and efficient use of land;
(4) The proposed use is compatible with other adjacent land uses and buildings existing in the surrounding area;
(5) The proposed use is consistent with the purposes of the zoning district in which the use is located and does not negatively impact the value of surrounding property; and
(6) The proposed use would be located in a building that is specially equipped or structurally designed for that use.
(F) Revocation of expansion or substitution of nonconforming use. Violation of any condition or limitation on the grant of an approval of an expansion or substitution of a nonconforming use is a violation of this code and constitutes grounds for revocation of the approval.
(G) Reconstruction of nonconforming use and structure. Any nonconforming building or structure which has been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, may be reconstructed and used as before if it is done within two years after such damage. In the event that any nonconforming building or structure is destroyed by any means, other than those previously listed, to the extent that the estimated cost of repair is greater than 50% of the last assessed improvement value of such structure, it shall not be rebuilt, restored, or reoccupied for any use unless it is brought into conformity with all regulations of this code.
(Ord. 2018-06, passed 7-9-2018, § 155.129)