(a) Nonconforming Use of Buildings. Any building, structure or land area devoted to a nonconforming use at the time this Zoning Code takes effect (Ordinance 1301, passed July 6, 1976) may not be altered or enlarged so as to exceed the nonconforming use by more than 25% of the original area. Permitted alterations and enlargements must be in conformity with the zoning regulations within the district in which the building, structure or land is located. No enlargement of a nonconforming use, regardless of its increase in building, structure or land use, shall be greater than 25% of the original nonconforming use.
(b) Discontinuance of Nonconforming Uses. No building or portion thereof used in whole or in part for a nonconforming use in a Residential District, which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used, except in conformity with the regulations of the Residential District in which it is located.
(c) Destruction of Nonconforming Uses. No building which has been damaged by any cause whatever, to the extent of more than 50% of its fair market value immediately prior to the damage, shall be restored, except in conformity with this Zoning Code, and unless all rights as a nonconforming use are terminated. If a building is damaged by less than 50% of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction is substantially completed within 24 months of the date of such damage.
(d) Conditional Uses Not Conforming. Existing uses eligible for conditional use permits shall not be considered nonconforming uses. A conditional use permit shall be required for any alteration, enlargement or extension.
(e) Intermittent Uses. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(f) Determination of Nonconforming Uses. Whether a nonconforming use exists shall be a question of fact to be decided by the Board of Zoning Appeals after public notice and a hearing in accordance with the rules of the Board.
(g) Nonconforming Uses Not Validated. A nonconforming use in violation of a provision of an ordinance which this Zoning Code repeals shall not be validated by the adoption of this Zoning Code.
(`80 Code, § 1246.10) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79; Ord. 2393, passed 1-23-02; Ord. 3102, passed - - 18)