(A) A nonconforming use is a use of land or buildings within the municipality that does not conform (does not meet the regulations of this code in some way). A nonconforming use may often have a detrimental effect on the land use around it, such as increased traffic on residential streets, not enough parking space, the emission of noxious fumes, the creation of loud noises or a depressing effect on property values.
(B) These regulations are intended to minimize the existing and/or potential problems created by nonconforming uses.
(1) Continuation of a nonconforming use.
(a) Any lawful building, structure, or use existing at the time of the enactment of this code may be continued even though such building, structure, or use does not conform to the provisions of this code for the district in which it is located and whenever a district shall be changed hereafter the then existing lawful use may be continued, subject to the provisions of this code.
(b) Any legal nonconforming building or structure may be continued in use provided there is no structural change other than normal maintenance and repairs, except as otherwise permitted herein.
(2) Change or extension of nonconforming use.
(a) A nonconforming use shall not be extended but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use.
(b) A nonconforming use shall not be changed to a use of the same or greater nonconformity with the district regulations of the district in which it is located and when changed to a use of a greater conformity shall not thereafter be changed to a use of lesser conformity; however, in the I-1 Industrial District a nonconforming use shall not be changed to a nonconforming residential use.
(c) A nonconforming use shall not be altered, extended or restored so as to displace any conforming use.
(3) Abandonment or discontinuance.
(a) When any nonconforming use has been discontinued for a period of 12 consecutive months such use shall not thereafter be resumed and any future use of the premises shall be in conformity with the provisions of this code, provided that, such nonconforming use may be resumed when the owner during the period of discontinuance, has been actively attempting to continue such nonconforming use.
(b) Proof of fact in writing must be furnished to the Board of Appeals by the applicant to establish intent not to abandon.
(4) Repairs, maintenance and alteration.
(a) Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.
(b) No structural alteration shall 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 in a residence district containing residential nonconforming uses may be altered in a way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.
(5) Restoration. If a building, excluding single-family dwellings, or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its value at the time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its value, based upon the prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.
(a) In the event that the Administrative Official’s estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Zoning Board of Appeals.
(b) In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.
(c) The Administrative Official may issue, or cause to be issued, a building permit if the subject matter thereof is otherwise permitted by the provisions of this subchapter, provided that the Administrative Official may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.
(6) Conversion to special use. A nonconforming use may be made a special use by granting a special use permit in conformity with the provisions of this code.
(Ord. 887, §§ 3.14 - 3.20, passed - -)