§ 156.063  NONCONFORMING USES.
   (A)   Continuation of nonconforming uses.
      (1)   A lawfully established use that becomes nonconforming with respect to this chapter on its effective date, or as a result of any subsequent amendment, may be continued, except as otherwise provided in this section.
      (2)   A use illegal at the time of the adoption of this chapter, or a subsequently established illegal use, shall not become a nonconforming use by reason of the adoption or amendment of this code, but shall remain an illegal use, except where it is allowed in the zoning district in which it is located.
   (B)   Change of nonconforming use. A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use has been changed to any permitted use, it shall not be changed back to a nonconforming use. For purposes of this section, a use shall be deemed to have been so changed, when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of seven days.
   (C)   Enlargement of a nonconforming use.  No structure devoted, in whole or in part, to a nonconforming use shall be enlarged or added to in any manner, unless the use conducted in the added area shall conform to the regulations of the district in which it is located.
   (D)   Repairs, alterations and maintenance of structures containing nonconforming uses.
      (1)   No structure devoted, in whole or in part, to a nonconforming use shall be altered in any way unless the entire structure and use shall conform to all regulations of the zoning district in which it is located. Alterations designed to increase the intensity of a nonconforming use, or to introduce new nonconforming uses, are prohibited.
      (2)   Normal maintenance and incidental repair or replacement may be performed on any structure that is devoted, in whole or in part, to a nonconforming use, provided such work is in keeping with this section.
      (3)   Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety, declares the structure to be unsafe, and orders its restoration to a safe condition. Such work shall not increase the extent of any nonconformity, unless necessary to establish a safe condition, in which case the least possible increase of a nonconformity shall be allowed.
   (E)   Damage or destruction to structures containing nonconforming uses.  In the event that any structure devoted, in whole or in part, to a nonconforming use is damaged or destroyed, by any means, to an extent that repair or replacement does exceed 75% of the cost of replacement at the time of damage or destruction (as determined by the Zoning Administrator), the structure shall not be restored unless the use conforms to the zoning district in which it is located. When the damage or destruction is 75% or less of the cost of replacement new, no repairs or restoration shall be made unless zoning certification is obtained, restoration is begun within one year after the date of damage, and is diligently pursued to completion within the time frames established by building permits, subject to extension upon proof of project construction effort.
   (F)   Determining values and costs related to damage or destruction to nonconforming structures.  The value of a nonconforming structure shall be determined based on the county-established equalized assessed value (EAV) in place at the time of damage or destruction. In establishing the cost of replacement or repairing damage, the Zoning Administrator shall determine which independent, third-party information source is most appropriate to apply, based on the specific circumstances of the site and the damage or destruction, These may include, but may not be limited to, use of Dodge Data and Analytics or insurance adjustment reports.
   (G)   Moving nonconforming uses. No structure devoted, in whole or in part, to a nonconforming use shall 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 shall thereafter conform to regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved, in whole or in part, for any distance to any location on the same lot or any other lot, unless the use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
   (H)   Discontinuance or abandonment of nonconforming uses.
      (1)   Nonconforming use of land.  When a nonconforming use of land, not involving a structure, or involving only a structure that is accessory to the nonconforming use of land, is discontinued or abandoned for a period of two consecutive months (regardless of any reservation of an intent not to abandon or to resume the use), the use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the land shall comply with the regulations of the zoning district in which it is located.
      (2)   Nonconforming uses in structures. When a nonconforming use of part or all of a structure is discontinued or abandoned for a period of one year (regardless of any reservation of an intent not to abandon or to resume the use), the use shall not be reestablished or resumed. Any subsequent use or occupancy of the structure shall comply with the regulations of the zoning district in which it is located.
      (3)   Nonconforming accessory uses. No use accessory to a principal nonconforming use shall continue after the principal use shall have ceased or been terminated.
(Ord. 21-016, passed 8-18-21)