(a) Existing Nonconforming Uses; Continuation. Except as hereinafter specified, the lawful use of any dwelling, building or structure, and of any land or premises, as existing and lawful at the time of enactment of this Zoning Ordinance or amendment thereto may be continued, although such use does not conform with the provisions of this Ordinance for the district in which it is located.
(b) Enlargement or Substitution. No existing building or premises devoted to a use not permitted by this Ordinance in the district in which such building or premises is located, except when required to do so by law or other regulation, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:
(1) Extension inside building. When authorized by the Board in accordance with the provisions of Section 1139.02
, a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations, except those required by law, are made therein.
(2) Nonconforming use made to conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(c) Discontinuance; Use Ceased. No building, structure or premises where a nonconforming use has ceased for twelve months or more shall again be put to a nonconforming use.
(d) Nonconforming Use of Land; Discontinuance. All nonconforming uses of land not involving any building or structure may be continued for a period of two years after the date of adoption of this Ordinance, at the end of which period such nonconforming use shall cease or shall be changed to a conforming use.
(e) Nonconformity; Performance Standards. All uses nonconforming at the time of adoption of this Ordinance, by reason of noncompliance with the provisions of Section 1126.06,
if not otherwise stipulated by the Board, shall adopt necessary measures to conform therewith within three years of the adoption of this Ordinance.
(f) Replacing Damaged Buildings. Any nonconforming use or building incurring more than sixty percent (60%) structural damage, shall not be restored or reconstructed and used as before such occurrence but if less than sixty percent (60%) damaged, it may be restored, reconstructed or used as before, provided such restoration begins within six months of such occurrence.
(g) Repairs and Alterations. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the Board. Except as otherwise provided elsewhere in this Ordinance, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent (50%) of its assessed value for tax purposes at such date, unless such building or structure is changed to a conforming use.
(Ord. 1990-20. Passed 11-26-90.)