A. Continuation Allowed: Any lawful use of a building or land that becomes a use that does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued.
B. Space/Building: No space or building wholly or partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space or building occupied by such nonconforming use. Maintenance and minor repairs necessary to keep a nonconforming use are allowed. Nonconforming uses may not be expanded or enlarged, but may be intensified.
C. Parking: No use in a lawfully existing building shall be deemed to be a nonconforming use solely because of the lack of required parking spaces. Provided, that spaces being used for off street parking or loading shall not be reduced in area or capacity.
D. Destruction/Restoration: Except for residential real property, which may be rebuilt using the same foundation/footprint regardless of the amount of damage or decreased property value; any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the value immediately prior to such destruction may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided however, that nothing in this title shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%); provided, that such restoration is started within one calendar year and diligently pursued to completion.
E. Discontinuance Of Use: Whenever a nonconforming use of land or building has been discontinued for a period of at least one year, or whenever there is evidence of a clear intent to abandon a nonconforming use, such use shall not thereafter be reestablished, and the uses thereafter shall conform with the regulations of the use district.
(Ord. 567, 12-21-2015; amd. Ord. 621, 6-19-2019)