(A) Authority To Continue: Except as provided in division (H) of this section, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in divisions (B) through (G) of this section and in division 159-8.101(D) of this part.
(B) Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure containing a nonconforming use.
(C) No Structural Alteration: No structural alteration may be made in a building or other structure containing a nonconforming use, except in the following situations:
(1) When the alteration is required by law.
(2) When the alteration will actually result in elimination of the nonconforming use.
(3) When a building is in a residential zoning district containing residential nonconforming uses, the building may be altered in any way to improve livability, provided no structural alterations are made which would increase the number of dwelling units or the bulk of the building.
(D) Extension Of Use: A nonconforming use may not be extended, expanded, enlarged, or increased in intensity. Prohibited activity includes, without being limited to:
(1) An extension of the use, including its accessory uses, to any structure or land area other than that occupied by the nonconforming use on the effective date of this chapter or any amendment that causes the use to become nonconforming; and
(2) An extension of the use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this chapter or any amendment that causes the use to become nonconforming; and
(3) An extension of the hours of operation of the use beyond the normal hours of operation on the effective date of this chapter or any amendment hereto that causes the use to become nonconforming.
(E) Moving: No structure containing a nonconforming use may be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof thereafter conforms to all regulations of the zoning district in which it is located after being moved. No nonconforming use of land may be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the use thereafter conforms to all regulations of the zoning district in which it is located after being so moved.
(F) Change In Use: A nonconforming use may not be changed to any use other than a use permitted in the zoning district in which the use or structure is located. When a nonconforming use has been changed to a permitted use, it may not be changed back to any nonpermitted use. For purposes of this division, a use will be deemed to have been changed when an existing nonconforming use has been terminated and a permitted use has commenced and continued for a period of 5 days. Any change of use in violation of this division will be deemed to be an abandonment of the lawfully existing nonconforming use.
(G) Damage Or Destruction:
(1) When any structure is damaged or destroyed by any means not within the control of the owner to the extent of not more than 50% of the cost of replacement of the structure new, repair or restoration of the structure may be made and the nonconforming use may continue subject to the regulations of this section. However, no repairs or restorations may be made that would create any new parking, bulk, yard, or space nonconformity or increase the degree of any parking, bulk, yard, or space nonconformity existing prior to the damage or destruction, nor may any repairs or restoration be made except in conformity with the applicable zoning district regulations unless restoration is actually begun within 1 year after the date of the partial damage or destruction and is diligently pursued to completion.
(2) When any structure is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of the structure new or where a structure is damaged or destroyed by means within the control of the owner, the structure may not be restored unless the use of the structure thereafter conforms to the use regulations of the zoning district in which it is located and unless the restoration is accomplished without creating any new parking, bulk, yard, or space nonconformity or increasing the degree of any parking, bulk, yard, or space nonconformity existing prior to the damage or destruction.
(H) Termination By Abandonment: When a nonconforming use is discontinued or abandoned for a period of 6 consecutive months, regardless of any intent to resume or not to abandon the use, the use may not thereafter be reestablished or resumed. Any subsequent use or occupancy of the land or structure must comply with the use regulations of the zoning district in which the land or structure is located.
Any period of discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, will not be considered in calculating the length of discontinuance for purposes of this paragraph.
(Ord. 17-2-2065, passed 2-27-2017)