A use of a building existing lawfully at the time this Zoning Code became effective, but which does not conform to the use regulations, including signage, parking or loading regulations of the district in which it is located, is a nonconforming use of a building and may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Change of Use. The nonconforming use of a building may only be changed to a conforming use, or to a use permitted in a more restricted district if approved by the Building and Zoning Board of Appeals. Thereafter it shall not be changed back to the former nonconforming use. For this purpose, the districts shall be considered as listed in order of restrictiveness, from most to least restrictive, as set forth in Section 1133.06.
(b) Expansion of Use. A nonconforming use of part of a building may only be expanded or extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Code but no such use shall be extended so as to occupy any land outside such building.
(c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.
(d) Nonconforming Signs. A sign, existing lawfully at the time this Zoning Code became effective, but which does not conform with the sign regulations of the district in which it is located, may be maintained and structural or electrical parts may be repaired or restored to a safe condition as required by law; otherwise, a nonconforming sign shall not be altered or moved unless it is made to conform with this Zoning Code, and if any sign, or part thereof, is damaged or destroyed to more than fifty percent (50%) of its reproduction cost, or taken down, it shall not be rebuilt or relocated unless it shall be made to comply with the regulations of the district in which it is located.
(e) Nonconforming Parking Facilities. A building or use, existing lawfully at the time this Zoning Code or an amendment thereto became effective, but which does not conform with the offstreet parking or offstreet loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. Any parking spaces that may be provided shall be in accord with the regulations and standards set forth in Chapter 1161. However, if the existing building is altered so that there is an increase in the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more offstreet facilities, then offstreet parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accord with the schedule as set forth in Sections 1161.03.
(Ord. 90-125. Passed 5-21-91; Ord. 2016-36. Passed 8-2-16.)