(a) Restrictions. Within the districts established by this Zoning Code, there exist uses of structures and land which were lawful before this Zoning Code was passed, but which would be prohibited under the terms of this Zoning Code. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code that nonconformities shall not be extended, expanded or enlarged upon, nor used as grounds for adding other structures or uses prohibited in the same district. All nonconforming uses can be continued subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Code, unless otherwise restricted by a court decree, but no such use shall be extended to occupy any land outside such building;
(3) If no structural alterations are made, any nonconforming use of a structure or structure and land may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use, provided that the Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. However, the Board shall never institute a lower use. In permitting such change, the Board may require appropriate safeguards and conditions in accord with other provisions of this Zoning Code;
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(5) When a nonconforming use of land, structure, or land and structure in combination, is discontinued or abandoned for more than twelve months, and land, structure or land and structure in combination shall not be used, except in conformity with the regulations of the district in which they are located;
(6) A nonconforming use that is damaged by fire or other casualty to the extent that the cost of reproduction or repair exceeds fifty percent of the reproduction costs of the structure shall not be resumed except in conformance with the regulations of the district in which it is located;
(7) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(b) Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it become nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety.
(c) Conditional Uses Considered Conforming. Any use which is permitted as a conditional use in a district under the terms of this Zoning Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
(Ord. 710-78. Passed 9-19-78.)