(A) Continuance. The lawful use of any building or parcel of land existing at the time of the adoption of this chapter may be continued, although such use of a building or parcel of land does not conform to the provisions hereof, provided no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure and provided further, that such extension does not displace any residence use in a residence district.
(B) Nonconforming lots of record. In any "R" district, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling may be erected on any single lot of record existing at the effective date of the adoption or amendment of this chapter; provided, that yard requirements of the lot shall conform to the regulations for the district in which such lot is located.
(C) Discontinuance. If any nonconforming use of land is discontinued or abandoned for any reason for a period of two years, such use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. Whenever a nonconforming use of building or portion thereof has been discontinued for a period of at least two years, such nonconforming use shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.
(D) Change. Whenever a nonconforming use of a building or land has been changed to a more restricted use, or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(E) Extension, enlargement, or removal.
(1) The addition to or enlargement of a nonconforming use may be permitted, provided that the total aggregate area included in all such separate additions or enlargements does not exceed 20% of the area contained in said nonconforming use on the effective date of the adoption or amendment of this chapter. Such addition or enlargement shall comply with the regulations of the district in which it is located and/or the conditions listed for that particular use.
(2) No nonconforming use shall be enlarged, increased or extended to occupy a greater area of building or land than was occupied at the effective date of the adoption or subsequent amendment of this chapter. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied at the effective date of adoption or amendment of this chapter.
(3) No nonconforming structure shall be enlarged or extended unless the requirements of the zoning district in which the structure is located is met. The minimum side yard setback established by the zoning district may be reduced to the side yard established by the existing nonconforming structure for the side of the structure that is nonconforming. However, in all cases, the setback for the side of the structure that is nonconforming shall not be less than five feet.
(F) Destruction, damage and reconstruction. Any nonconforming building or structure damaged by fire, explosion, act of God or act of public enemy may be reconstructed and used as before such calamity; provided, such reconstruction is started within a period of one year and completed within two and a half years of such calamity.
(G) Maintenance. On any building or structure devoted in whole or in part to a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing wall, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement value of the building or structure; provided, that the cubic content of such building or structure as it existed at the time of passage or amendment of this chapter shall not be increased.
(Ord. 8-96, § 103.07, passed 5-20-96; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 27-2002, passed 1-6-03; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999