(A) A nonconforming use which occupies a portion of a structure or premises may be extended within that structure or premises as they existed when the prohibitory provisions took effect, but not in violation of the area and yard requirements of the district in which the structure or premises are located. No change of a nonconforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health.
(B) The Board of Zoning Appeals may impose any conditions as it deems necessary for the protection of adjacent property and the public interest.
(C) No nonconforming structure or use shall be changed to another nonconforming use without approval from the Board of Zoning Appeals.
(D) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, that nonconforming use shall not be resumed.
(E) Subject to § 158.049, any nonconforming structure damaged by fire, flood, or other casualty may be reconstructed and used as before if the reconstruction is performed within 12 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before the casualty.
(F) Nothing in this chapter shall prevent the reconstruction, repair, or rebuilding of a nonconforming structure or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration, or depreciation provided the cost of such work shall not exceed 50% of the assessed value of the structure at the time work is done, nor prevent compliance with the provisions of the One and Two Family Dwelling Code relative to the maintenance of buildings or structures.
(G) (1) Within one year of the effective date of this chapter, all existing junkyards must be screened and surrounded by a solid, continuous fence or wall of at least eight feet in height to screen enclosed contents from public view.
(2) In the event that a site cannot obtain screening due to conflict with the fencing regulations in Chapter 152, that site shall then be deemed a public nuisance and will be subject to any provisions requested by the Plan Director for the removal of all junk from the site.
(3) The Plan Director shall have the authority to promulgate rules and regulations governing the location, planting, construction, and maintenance of all materials used for the required screening of those junkyards.
(4) No junkyard shall be established within 75 feet from any residential zone.
(H) A non-conforming structure may be enlarged and expanded if all of the following requirements are adhered to:
(1) The addition shall not extend into any required front yard beyond the existing structure.
(2) The addition shall not extend into any required side yard beyond the existing structure.
(3) The addition shall not extend into any required rear yard beyond the existing structure.
(4) The addition shall not extend any closer to an intersection of streets or other rights-of-way than the existing structure.
(5) The addition may extend beyond the existing structure only when said addition meets all required setbacks and regulations of this chapter.
(I) Governmental acquisition. Any legally established building, structure, sign, or portions thereof, which either becomes non- conforming or increases the extent of non-conformity as a result of the acquisition of land for right-or-way or other purposes by a governmental entity, subdivision or agency shall be subject to the following provisions:
(1) Buildings or structures. Any building or structure which becomes non-conforming or increases the extent of non- conformity as to setbacks as a result of a governmental acquisition may continue to be used or occupied provided the building or structure maintain compliance with all other applicable health, safety and building codes.
(2) Casualty. Any building or structure which becomes non- conforming or increases the extent of non-conformity as to setbacks as a result of a governmental acquisition which is subsequently damaged by fire, flood, or other casualty may be reconstructed and used as before if the reconstruction is performed within 12 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before the casualty.
(3) Enlargement or expansion. Any building or structure which becomes non-conforming or increases the extent of non- conformity as to setbacks as a result of a governmental acquisition may subsequently be enlarged or expanded as long as the enlarged or expanded portion of the building or structure meets all applicable setback requirements in the zone the building or structure is located.
(4) Signs. Any legally established sign which becomes non- conforming or increases the extent of non-conformity as to setbacks as a result of a governmental acquisition may continue to be used provided that no portion of the sign encroaches into any public right-of-way, interferes with the stated purpose of the governmental agency's acquisition, or otherwise creates a safety hazard.
(5) Lot area. Any lot or parcel which becomes non- conforming or increases the extent of non-conformity as to minimum lot area as a result of a governmental acquisition may continue to be used or occupied provided that other applicable requirements of this code are met.
(Ord. 10-C-86, passed 5-13-86; Am. Ord. 29-C-92, passed 10-13-92; Am. Ord. 6-C-13, passed 7-30-13; Am. Ord. 5-C-15, passed 6-9-15) Penalty, see § 158.999