If a lawful use of a structure, or use of structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance, that would not be permitted in the district under the terms of this Zoning Ordinance, the use may be continued so long as it remains otherwise lawful subject to the following provisions:
(a) Prohibition on Enlargement of a Building Housing Nonconforming Use: No existing structure devoted to a use not permitted by this Zoning Ordinance or in the district in which it is located, except residential uses in commercial and industrial districts, shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. A residential nonconforming use may be expanded or extended up to twenty-five (25%) percent of the total ground floor area of the existing dwelling.
(b) Extension Throughout Building: Any nonconforming use may be extended through any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning Ordinance, but no such use shall be extended to occupy any additional land outside such building.
(c) Changing Use: If no structural alterations are made, any nonconforming use of a structure, or use of a structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided the Board of Zoning Appeals either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require conditions and safeguards in accord with the purpose and intent of this Zoning Ordinance. Where a nonconforming use is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(d) Prohibition of Re-establishment if Replaced by Conforming Use: A nonconforming use of any structure which is replaced by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(e) Discontinuance or Termination of Nonconforming Use of Structure: When a nonconforming use is discontinued or ceases to exist for twelve (12) consecutive months the nonconforming structure or use of land shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision. Appeals for continuation of such uses shall be provided and determined by making application to the Board of Zoning Appeals.
(f) Repairs to Nonconforming Use: On any building devoted in whole or in part to any nonconforming use, work may be done in any period of eighteen (18) consecutive months on ordinary repairs, improvement, or modernization, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to correct deterioration, obsolescence, depreciation and wear. Such repairs, improvements, replacement, or modernization activities shall be permitted providing the total area (in square footage) of the building as it existed at the time of passage or amendment of this Zoning Ordinance shall not be increased. Repairs begun within the required eighteen consecutive months but not completed upon the expiration of the permitted time period may be completed, provided the repairs have been issued an approved and valid building permit and the work has continued without interruption to eventual completion.
(g) Safety Repairs: Nothing in this Zoning Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared unsafe by an official charged with protecting public safety, upon order of such official. (Ord. 1166. Passed 9-24-01.)