(A) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair or maintenance, but if the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The use of land, if changed from a nonconforming use, shall be in conformity or close to conformity with the provisions of the specific district. A nonconforming use of land shall not be increased in land area.
(B) (1) A lawful nonconforming use of a structure existing at the date of enactment of this chapter may be continued, and the use may be extended throughout the building or sold, rented or leased to another individual, individuals, firm or corporation provided no structural alterations, except those required by law, and no additions or enlargements are made to the buildings.
(2) Exceptions:
(a) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units is not increased.
(b) Nothing in this chapter shall prevent the strengthening of restoration of a wall or structural member in a nonconforming building when the action is taken pursuant to a building permit.
(C) The provisions of this section shall apply to any use that may become nonconforming due to a change in the classification of the district in which it is located as a result of rezoning from the effective date of the chapter making the change.
(Ord. passed 4-24-78) Penalty, see § 10.99