§ 1282.01 NONCONFORMING USES.
   (a)   Continuation. Any building or use of a building at the time of the passage of this Zoning Code (Ordinance 77-25, passed April 28, 1977) may be continued, subject to this section, although such building or use does not conform to the regulations of the district in which such building or use is maintained.
   (b)   Re-establishment. No nonconforming use may be re-established in any vacant building or on any vacant land where such nonconforming use has been abandoned or discontinued for one year.
   (c)   Change. No nonconforming use of a building, structure or land may be changed to another nonconforming use.
(Ord. 77-25, passed 4-28-1977)
   (d)   Expansion. A nonconforming use of a building, structure or land may be expanded or extended into any other portion of such nonconforming building, structure or land, only as follows:
      (1)   A nonconforming structure may be expanded subject to the most current zoning restrictions for the area in which the nonconforming structure is located.
(Ord. 83-44, passed 9-8-1983)
      (2)   A nonconforming use may be expanded for vehicular parking only to adjacent and adjoining lots, provided such parking facilities are paved and a two-foot minimum masonry or brick wall is erected on boundaries adjoining other lots.
(Ord. 77-25, passed 4-28-1977)
   (e)   Replacement and repair of nonconforming structures.
      (1)   A nonconforming structure which may hereafter be damaged be fire, decay, explosion, flood, riot or act of God may be replaced, rebuilt or repaired to its traditional and established use, subject to the most current zoning restrictions, with the exception of the minimum lot area for the area in which the nonconforming structure is located, or on the original foundation, subject to the approval of the Board of Appeals, provided that the value of such structure is equal to or greater than the average appraised value of existing structures within 200 feet of lot lines.
      (2)   The appraised average value of the surrounding area shall be determined by a certified real estate appraiser. Any and all expenses incurred for such appraisal shall be the responsibility of the property owner. No building permit shall be issued until this requirement is satisfactorily met.
      (3)   A lot of record as of the adoption of this Zoning Code (Ordinance 77-25, passed April 28, 1977) shall not be reduced in size to less than the minimum size requirement for the district in which it is located and shall be subject to and governed by this Zoning Code, except in the case of the continuation of a traditional use and exemptions from lot area requirements. Reconstruction must take place within 12 months after the calamity.
      (4)   The effect of this division shall be retroactive to include previously damaged property.
(Ord. 83-44, passed 9-8-1983)