Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this chapter.
A. Repairs And Alterations: If a building or structure is designed, designated, or intended for a nonconforming use, repairs and alterations may be made provided that no structural alterations are made which increase the bulk of the building or structure except for those which are required by law or which will make the building or structure and the use thereof conform to the regulations of the district in which it is located.
If a building or structure is designed, designated, or intended for a use permitted in the district in which such building or structure is located but the building or structure is nonconforming, repairs, alterations or structural changes shall conform to the regulations of the district in which the building or structure is located.
B. Additions: A nonconforming building or structure which is nonconforming as to bulk, or all or substantially all of which building or structure is designed, designated, or intended for a use that is not permitted in the district in which such building or structure is located, shall not be added to or enlarged in any manner unless such additions or enlargements and the use thereof are made to conform to all the regulations of the district in which such building or structure is located.
C. Relocation Of Building Or Structure: Any building or structure which in whole or in part does not conform to all of the regulations of the district in which it is located shall not be moved in whole or in part to any other location on the lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all the regulations of the district in which such building or structure is located.
D. Restoration Of Damaged Building Or Structure: A building or structure, all or substantially all of which is designed, designated, or intended for a use which is not permitted in the district in which such building or structure is located and which is partially destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the present cost of the reconstruction of the entire building or structure shall not be restored unless such building or structure and the use thereof shall conform to all the regulations of the district in which such building or structure is located. In the event such partial damage or destruction is less than fifty percent (50%) of the present cost of reconstruction of the entire building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.
A nonconforming building or structure, all or substantially all of which is designed, designated or intended for a use which is permitted in the district in which such building or structure is located, and which is partially destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the present cost of the reconstruction of the entire building or structure shall not be restored unless said building or structure and the use thereof shall conform to all of the regulations of the district in which such building or structure is located. In the event such partial damage or destruction is less than fifty percent (50%) of the present cost of reconstruction of the entire building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.
E. Discontinuance Of Nonconforming Use Or Structure: A building or structure all or substantially all of which building or structure is designed, designated, or intended for a use which is not permitted in the district in which such building or structure is located, and which building or structure, or a portion thereof, is, or becomes vacant and remains unoccupied or is not used for a continuous period of one hundred eighty (180) days shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which such building or structure is located.
If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed, designated, or intended for a use that is permitted in the district in which such building or structure is located, is discontinued for a period of one hundred eighty (180) days, it shall not thereafter be renewed and any subsequent use of the building or structure shall conform to the use regulations of the district in which such building or structure is located.
The nonconforming use of land, or a portion thereof, not involving a building or structure, or in connection with which any building or structure is incidental or accessory to the principal use of the land, if discontinued for a period of one hundred eighty (180) days shall not be renewed, and any subsequent use of the land shall thereafter conform to the regulations of the district in which such land is located.
F. Expansion Of Nonconforming Use: The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed, designated, or intended for a use that is not permitted in the district in which it is located, shall not be in any way expanded, extended, or increased in intensity, either throughout such building or structure or within or into any portion of such building or structure.
The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed, designated, or intended for a use permitted in the district in which such building or structure is located shall not be in any way expanded, extended, or increased in intensity, either throughout the building or structure or within or into any other portion of such building or structure nor changed to any other nonconforming use.
The nonconforming use of land, or a portion thereof, not involving a building or structure or part of a building or structure, or in connection with which any building or structure or part of a building or structure that is incidental or accessory to the principal use of the land shall not be in any way expanded or extended beyond the area it presently occupies or in any way increased in intensity.
G. Change Of Nonconforming Use: No nonconforming use of a building or structure or of part of a building or structure, or of a land or of part of a tract of land shall be in any way expanded, extended, or increased in intensity. No change of any kind that increases the physical dimension of any building or structure shall be made unless both the changes and the related uses which give rise to the changes conform to all the regulations of the district in which the building or structure is located.
The nonconforming use of all or part of a building or structure or land, all or substantially all of which building, structure, or land is designed, designated or intended for a use not permitted in the district in which said building, structure, or land is located, shall not be changed to another use except to a use that is a permitted use in the district in which the building, structure or land is located, provided, however, this prohibition shall not apply if the change of such nonconforming use is to a less intensive form of the same nonconforming use but a nonconforming use may not be changed to a more intensive form of such use.
No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed, designated or intended for a use permitted in the district in which such building or structure is located.
The nonconforming use of land not involving a building or structure or in connection with which any building or structure is incidental or accessory to the principal use of the land shall not be changed to any other use except to a use permitted in the district in which the land is located.
H. Elimination Of Certain Uses: The use of vacant land for storage purposes, where such use is not an adjunct of any structure which does not conform to the provisions of this title shall be discontinued within five (5) years from the effective date of the ordinance codified in this chapter and any use of such vacant land which shall become nonconforming by reason of a subsequent amendment to this chapter shall also be discontinued within five (5) years from the date of such amendment. (Ord. 2000-O-13, 8-1-2000)