(a) A use lawfully existing at the time of the passage of this Zoning Code, or any amendment hereto, but which does not conform to the use regulations of the district in which it is located is a lawful nonconforming use and may be continued. A nonconforming use shall not be extended except as authorized in this Zoning Code, but, subject to other provisions of this Zoning Code, the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage of this Zoning Code, shall not be deemed an extension of a nonconforming use. A building arranged, designed or devoted to a nonconforming use shall not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during any ten-year period, forty percent of the current value of the building, unless the use of such building complies with the provisions of this chapter.
(b) A nonconforming use shall not be changed unless it is changed to a conforming use or higher use as defined by this chapter. A nonconforming use, if changed to a conforming use, shall not thereafter be changed to a nonconforming use. A nonconforming use, if changed to a higher use, shall not thereafter be further changed except to a higher use or a conforming use.
(c) A building or other structure existing lawfully at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which does not conform to area or width of lot, yard dimensions, lot coverage, height of building or other regulations of the district in which it is located, is a lawful, nonconforming building or structure. A nonconforming building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning restriction. A nonconforming building or structure may continue to be used or occupied by a use so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(1) Maintenance and repair. A nonconforming building or structure may continue to be used, maintained and repaired, provided, however, that no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to, or move toward conformity with, the regulations of the district in which it is located.
(2) Additions. A nonconforming building or structure shall not be altered, added to or enlarged unless the additions or alterations are made to conform to, or move toward conformity with, the regulations of the district in which it is located.
(3) Moving. A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot or to another premises unless the building or structure is made to conform to or move toward conformity with, all regulations of the district in which it is to be located.
(4) Restoration of damaged buildings or structures. If a nonconforming building or structure is damaged or destroyed by any cause to the extent of fifty percent or less of its fair marked value (at the time of such damage), those portions so destroyed or damaged may be restored to the original footprint and floor area, provided that such restoration is completed within a period of one year from the date of such damage or destruction. Restorations which exceed the original footprint and/or floor area shall comply with the provisions of this Zoning Code.
(d) For purposes of this chapter:
(1) A higher use is a substitute nonconforming use which is less in conflict with the character and intent of the zoning district of the proposed use than the existing nonconforming use, as determined by the Planning Commission.
(2) A structure shall include, but not be limited to, parking areas, access drives, walks, walls, fences and signs.
(e) The Planning Commission shall be responsible for determining if any changes to a nonconforming building or structure are in compliance with the provisions and intent of this chapter.
(Ord 1998-6. Passed 5-11-98.)