If a lawful residential or business use of a structure, or structure and premises in combination exists at the effective date of adoption or amendment of this Zoning Ordinance, passed February 27, 1973, that would not be allowed in the district under the terms of this Zoning Ordinance, the lawful nonconforming residential or business use may be continued subject to the following provisions:
(a) Expansion. A structure devoted to a residential or business use not permitted by the Zoning Ordinance in the district in which it is located may be allowed to expand once by not more than twenty-five percent (25%) of the existing floor area, provided however, that such enlargement may be made only upon application to and authorization by the Board of Zoning Appeals. The expansion of a structure containing a nonconforming residential or business use may be authorized by the Board of Zoning Appeals only if the following findings of fact are made relative to the proposed expansion:
(1) That the proposed expansion will not adversely affect the health, safety and welfare of persons residing or working in the district;
(2) That the proposed expansion will not cause a depreciation of the value of other property and uses permitted in the district;
(3) That the proposed expansion will not significantly increase traffic congestion;
(4) That the proposed expansion will not adversely affect the privacy of persons residing in the immediate vicinity;
(5) That the proposed expansion will not reduce parking incidental to the nonconforming use of the structure;
(6) That the proposed expansion will not increase the hazard in the area of fire, offensive noise, smoke, dust, debris or other objectionable influences;
(7) That the proposed expansion will not adversely affect any recreational, institutional or other use previously authorized by the Board; and
(8) That the proposed expansion will not inhibit the desirability, feasibility and likelihood of future residential or commercial development or expansion in the immediate vicinity.
Any such expansion of a nonconforming use of a structure shall not be authorized unless the area that is expanded conforms to applicable off-street parking provisions of the Zoning Ordinance. The portion of the nonconforming use of a structure being enlarged shall conform to the setback provisions and yard requirements of the district in which it is located. The Board shall have the right to authorize such other reasonable restrictions upon the proposed expansion as deemed necessary to protect the health, safety and welfare of persons residing within the vicinity of the nonconforming use.
(b) Extension. A nonconforming use of a structure may be extended to any portion of the building that was designed or arranged for such use at the time of adoption or amendment of the Zoning Ordinance. The extension of the nonconforming use outside of the structure shall be subject to the provisions of subsection (a) hereof.
(c) Change. Any nonconforming use of a structure, or structure and premises in combination, may be changed to another nonconforming use, provided that 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 may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Ordinance.
(d) Reconstruction. When nonconforming use status applies to a structure, or structure and premises in combination, the removal or destruction of the structure shall eliminate the nonconforming use status of the land and any further development or construction on the land shall conform to the applicable zoning requirements of that district. Destruction for the purpose of the subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction.
(e) Repairs and Maintenance. On any structure devoted in whole or in part to a nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty-five percent (25%) of the current replacement value of the building at the time the application for the permit is made, provided that the square footage of the building as it existed at the time of passage or amendment of the Zoning Ordinance, passed February 27, 1973, shall not be increased.
Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe by the Director of the Division of Code Administration, upon order of such official.
(Ord. 0-465. Passed 9-23-86.)