Any lawfully existing building, structure or use which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this section.
(A) Repairs and alterations to buildings and structures.
(1) Building or structure designed or intended for a nonconforming use. Repairs and alterations may be made to a nonconforming building or structure, all or substantially all of which building or structure is designed or intended for a use not permitted in the district in which it is located, provided that no structural alterations shall be made, which increase the bulk of the building or structure. Repairs and alterations may be made which are required by law or which make the building or structure, or the use thereof, conform to the regulations of the district in which it is located.
(2) Building or structure designed for a permitted use. Repairs and alterations, including structural changes, may be made to a building or structure in which is located a nonconforming use, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, provided such repairs and alterations conform to the regulations of the district in which such building or structure is located.
(B) Additions and enlargements to nonconforming buildings or structures. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are required by law or conform to all of the regulations of the district in which it is located.
(C) Restoration of damaged budding or structure.
(1) Restoration of damaged building or structure designed or intended for a nonconforming use. A nonconforming building or structure which is 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 50% of the cost to the restoration of the entire building new, 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 it is located, except as provided in § 159.131(G). In the event such damage or destruction is less than 50% of the cost of restoration of the entire building new, repairs or reconstruction shall be started or positive procedures commenced to start such repairs or reconstruction within six months from the date of such damage or destruction. If the restoration is not started within one year of such calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.
(2) Restoration of damaged building or structure in the B-3 Traditional and B-4 Preservation Districts. A building that is nonconforming to the floor area ratio requirements of the Traditional or Preservation District Preservation District and is destroyed or damaged by fire or other casualty or act of God to the extent of 50% or more of the cost of the restoration of the entire building may be reconstructed at the floor area ratio of the building prior to such damage or destruction if the following criteria are met:
(a) The Historic Preservation Commission or the Building Review Board has determined that the pre-existing building contributed to the historic district and streetscape character of the Central Business District; and
(b) The Historic Preservation Commission or the Building Review Board determines that the exterior of the reconstructed building, or the exterior of the reconstructed portion of the building, is substantially the same as the original building, specifically with respect to the following:
1. The configuration of the site, pedestrian connections, open spaces and the relationship of the building to the streetscape and surrounding buildings;
2. The scale, proportions, architectural detailing, size and spacing of windows and doors and the roof elements; and
3. The type, quality, texture and color of exterior materials.
(D) Discontinuance of nonconforming use. If the nonconforming use of a building, structure or premises is discontinued for a continuous period of two years it shall not be renewed, and any subsequent use of the building, structure or premises shall conform to the use regulation of the district in which such building, structures or premises is located.
(E) Expansion of nonconforming use.
(1) Building or structure designed or intended for nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use not permitted in the district in which it is located, shall not be expanded or extended beyond the area in which it exists.
(2) Building or structure designed or intended for a permitted use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended beyond the area in which it exists, nor changed to any other nonconforming use.
(3) Land. The nonconforming use of land, not involving a building or structure, or in connection with any building or structure thereon, is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.
(F) Change of nonconforming use.
(1) Buildings or structures designed or intended for nonconforming use. The nonconforming use of a building or structure, all or substantially all of which was designed or intended for a use not permitted in the district in which it is located, shall not be changed to another use except a use permitted in the district in which it is located. In an office or business district a residence building or structure shall not be changed to an office or business use unless such building or structure complies with all city codes and ordinances pertaining to fire prevention and protection.
(2) Building or structure designed or intended for a permitted use. The nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use, shall not be changed to another use except a use permitted in the district in which it is located.
(3) Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.
(G) 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 chapter shall be discontinued within five years from the effective date of this chapter and the same uses of land which become nonconforming by reasons of a subsequent amendment to this chapter shall also be discontinued within five years from the date of such amendment.
(H) Certificate of occupancy.
(1) A certificate of occupancy shall be required of all lawful nonconforming business buildings or uses created by the adoption of this chapter or amendments hereto.
(2) Upon notification by the Administrative Officer, an application for a certificate of occupancy for a nonconforming building or use shall be filed with the Administrative Officer by the owner or lessee of the nonconforming building and the Administrative Officer shall issue such certificate of occupancy within ten days of completion and filing of such application.
(3) Failure to apply for a certificate of occupancy for a nonconforming building or use following notification by the Administrative Officer shall be evidence that such nonconforming building or use was either illegal or did not lawfully exist on the effective date of this chapter.
(Prior Code, § 46-18) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 91-76, passed 12-19-1991; Ord. 02-23, passed 7-1-2002)