Any use of any structure or lot that was conforming or validly nonconforming and otherwise lawful at the enactment date of this Code and is nonconforming under the provisions of this Code or that shall be made nonconforming by a subsequent amendment, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this Section.
(a) General Regulations and Development Standards.
(1) A nonconforming use may not move in whole or in part to any other location of the lot unless the use satisfies the provision of this Section.
(2) A nonconforming use may be enlarged, expanded or extended to occupy parts of another structure or portions of a lot that it did not occupy on the effective date of this Ordinance, provided such enlargement shall comply with the provisions of this Chapter. Additionally, such expansion, extension and enlargement shall not increase the degree of nonconformity, or increase in intensity.
(3) Any building or structure containing a nonconforming use may be enlarged up to 25% of the existing total gross floor area on the effective date of this Ordinance, provided that the expanded portion complies with all coverage and site development requirements of the zone in which it is located.
(4) A porch addition to the front façade of an existing residential building that contains a nonconforming use may be permitted, provided that the proposed addition satisfies the design standards, setback and lot coverage regulations of the District. Such porch addition shall not be enclosed and shall be open at least on 2 sides.
(5) Any proposed addition under Section 1137.04(a)(3) shall be considered as reconfiguration to an existing structure and shall comply with the conditions set forth in this Chapter.
(6) The enlargement of a nonconforming use that has the effect of making a structure nonconforming, other than as described in subsection (c) above, shall not be permitted, but rather shall be construed as a request for a variance.
(7) Any nonconforming vehicle management shall be made in conformance with the current regulations when the improvement to the structure is considered a reconfiguration and reconstruction.
(8) A legal nonconforming land use may be extended throughout those parts of an existing building, provided that the extension shall not create any new nonconformity. Such improvement is considered as reconfiguration and shall comply with the conditions outlined below.
(9) Change to another Nonconforming Use. Except as provided in this Section, a nonconforming use may be changed only to a use that conforms to the Ordinance. Once changed to a conforming use, no use may revert to a nonconforming use.
(b) Improvements to a Structure. Improvements to a structure containing a nonconforming use may be permitted, but are subject to the following conditions:
(1) Such improvements result from being remodeled, damaged or demolished voluntarily.
(2) Such improvements shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such remodeling or improvements, except permitted in this Section.
(3) For nonconforming residential uses in residential districts: Improvements fall within the following three categories (as defined in Section 1159.19):
(4) Renovation: For renovation, the following shall apply:
A. Any structure may be maintained to its original footprint, no reduction in occupancy.
(5) Reconfiguration: For reconfiguration, the following shall apply:
A. Any structure that has more occupancy than permitted in the underlying zoning district shall have its occupancy reduced by at least 30% from the approved rental occupancy, or the allowable occupancy permitted in the underlying district, whichever is larger.
B. The use and structure remain nonconforming unless they satisfy the requirements of that District.
C. All fractional numbers of residential occupancy greater than or equal to 0.5 shall be rounded up to the next whole number.
D. Proposed enlargement that is above and beyond 25% of the existing total gross floor area on the effective date of this Code may be allowed, provided additional reduction in occupancy from the approved rental permit based on the ratio of each one percent of the additional enlargement, one percent of reduction in occupancy is required subject to the approval of the Planning Commission.
(6) Reconstruction: For reconstruction, the following conditions shall apply:
A. The new building shall satisfy all the site development regulations of that District.
B. The use shall satisfy the underlying use regulations.
(7) For other nonconforming uses: Nonconforming use may be expanded, as described in Section 1137.04(a)(3). In no instance, shall the uses increase in intensity. (Ord. 3206. Passed 3-19-13.)