§ 155.098  NON-CONFORMING USE REGULATIONS.
   (A)   Intent.
      (1)   Within the districts established by this chapter or amendments thereto, there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which it is located. It is the intent of this chapter to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.
      (2)   It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
      (3)   Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
      (4)   For use in this section, a building shall be interpreted the same as structure and vise versa.
   (B)   Nonconforming uses regulated. Except as herein provided, no nonconforming use of land or buildings shall be enlarged, changed, altered or repaired except in conformity with the regulations contained in this chapter.
   (C)   Nonconforming status. Any use or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a lawful nonconforming use or structure when:
      (1)   Such use or structure was in existence and lawfully operating at the time of passage of this chapter and has since been in regular and continuous use;
      (2)   Such use or structure is a lawful use at the time of the adoption of any amendment to this chapter but by such amendment is placed in a district wherein such use is not otherwise permitted; or
      (3)   Such use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.
   (D)   Continuing lawful non-conforming use of property and existence of structures.
      (1)   The lawful use of land or lawful existence of buildings or structures at the time of the passage of this chapter, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or building is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this chapter.
      (2)   Discontinuance of a lawful non-conforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. Abandonment of a lawful nonconforming building shall consist of the actual intent to abandon by the user or owner an actual act of abandonment.
      (3)   A lawful non-conforming use or building, when discontinued or abandoned, shall not be resumed. The following shall constitute prima facie evidence of discontinuance or abandonment.
         (a)   Non-conforming uses. When land used for a lawful non-conforming use shall cease to be used in such manner for a period of six months.
         (b)   Non-conforming buildings. When a building or other structure designed or used for a lawful nonconforming use shall cease to be used in such manner for a period of six months.
   (E)   Changing non-conforming uses or buildings.
      (1)   A lawful non-conforming use may be changed to another non-conforming use of the same or more restrictive zoning district classification, provided, that when a non-conforming use is changed to a non-conforming use of a more restrictive classification, it shall not later be reverted to the former less restrictive classification.
      (2)   No lawful non-conforming use shall be changed to another non-conforming use which requires more off-street parking facilities or off-street loading space than the original non- conforming use unless additional off-street parking facilities and loading space is provided so as to comply with the requirements of § 155.091.
      (3)   A conforming building shall not be changed to a use which would result in the building becoming nonconforming.
   (F)   Extension of non-conforming uses or buildings.
      (1)   A lawful non-conforming building or structure may be enlarged or added to provided that the enlargement or addition, when considered independently of the original building or structure, complies with all applicable regulations of this chapter.
      (2)   Expansion, enlargement or intensification of a lawful non-conforming use shall not be permitted unless such expansion, enlargement or intensification, when considered independently of the lawful non-conforming use, complies with all applicable regulations of this chapter.
      (3)   A building or structure occupied or used by a lawful non-conforming use shall not be enlarged, extended or structurally altered unless the use occupying or using such enlargement, extension or alteration, when considered independently of the lawful non-conforming use, complies with all applicable regulations of this chapter.
      (4)   Repairs and maintenance work on a lawful non-conforming building or on a conforming building occupied by a lawful non-conforming use may be made, provided that no structural alterations shall be made except as required by law to preserve such building in a structural sound condition and provided that there is no increase whatsoever in the degree or extent of the previously existing nonconformity.
      (5)   No lawful non-conforming use within a building may be extended to occupy any land outside the building.
   (G)   Termination of non-conforming uses and buildings. The right to operate a legal nonconforming use or building shall cease and such use shall be terminated under any of the following circumstances:
      (1)   When such use or building is abandoned, as hereinabove provided in division (D) of this section.
      (2)   When any provision of this chapter or any other ordinance, or Federal or State statute is violated with respect to a nonconforming use or nonconforming building.
      (3)   When a lawful non-conforming use, building or structure is damaged by fire, explosion, act of God or other calamity to the extent that the cost of the reconstruction or repair exceeds 50% of the replacement cost of the structure; except in the following circumstances: (a) the original property owner who has been living in a lawful nonconforming mobile home or lawful nonconforming HUD-Code manufactured home, which has been used for residential purposes, may rebuild or re-establish such lawful nonconforming use with a HUD-Code manufactured home within six months of the destruction of the home; and (b) a lawful non-conforming dwelling unit, which does not meet the minimum floor area requirement of the PR or residential district where it is located, may be rebuilt or replaced by a dwelling unit of equal or larger size, provided that a special exception is granted by the Board of Adjustment as stipulated in § 155.082.
      (4)   When the right to maintain or operate a lawful nonconforming use or nonconforming structure has been terminated by the Board of Adjustments as provided in § 155.113.
      (5)   Whenever a lawful nonconforming use or building has been changed to conforming, such use or building shall not thereafter be changed back to nonconforming.
      (6)   Nothing in this chapter shall be taken to prevent the restoration of a building destroyed by fire, explosion, act of God, a public enemy or other calamity to the extent that the cost of the reconstruction or repair does not exceed 50% of the replacement cost of the structure, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
   (H)   Exceptions.
      (1)   Existing land uses or structures, that do not conform with the required yard setbacks due to land or right-of-way acquisition by a public agency with the power of eminent domain, shall be exempted from the provisions of division (G)(3) of this section, provided that any reconstruction or replacement does not cause a greater extent of nonconformance to the setback requirements than the pre-existing nonconforming uses or structures and is not in conflict with the real estate interest of any public agency. The expansion, enlargement or intensification of a preexisting nonconforming use during reconstruction or replacement shall not qualify for the exemption and shall continue to be regulated by the provisions of division (F) of this section.
      (2)   Any carport in existence on December 15, 1996, which is non-conforming as to front, side or rear setback restrictions or any carport receiving a building permit between November 25, 1996, and December 15, 1996, and not located within five feet of the city right-of-way, shall be heretofore a legal non-conforming use, subject to all provisions of this section.
(Ord. 671, passed 4-15-86)