(A) Nonconforming uses.
(1) A nonconforming use shall not be extended; except, however, a nonconforming use of any building may be extended to any portion or portions of the building which were at the time the use became nonconforming manifestly arranged or designed for the use.
(2) No structural alterations shall be made in a building housing a nonconforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building.
(3) The nonconforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riot, or Act of God, shall be discontinued, and the building or structure shall thereafter be used only in conformance with the provisions of the zone in which located.
(4) A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to a conforming use it shall not be changed again to any nonconforming use.
(5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a nonconforming use without the grant by the Board of Adjustment of a special exception authorizing a change. The Board shall grant an exception only upon an affirmative finding that the proposed change will have no adverse effect upon neighboring properties or upon the public welfare. The Board may impose any appropriate conditions and safeguards upon any special exception which it grants for the further protection of neighboring properties in the public welfare.
(6) When any nonconforming use is discontinued for a period exceeding 90 days, any future use shall conform to the provisions of this chapter unless the Board of Adjustments shall grant a special exception authorizing the continuance and, if requested, change, but not the expansion, of the nonconforming use. The Board shall grant such a special exception only upon the affirmative finds that:
(a) A building is located on the site which cannot, because of construction or design, practically be adapted to a use in conformity with the provisions of this chapter;
(b) The building complies with state and local codes applicable if the use were in conformity with the provisions of this chapter;
(c) Parking sufficient to meet the standards set out in § 154.046 will be provided;
(d) Driveway access will be provided sufficient to avoid problems of egress and ingress to the property;
(f) The proposed use, if it be different from the former nonconforming use, is closely related to the former nonconforming use and no more detrimental in its effects upon surrounding properties and the general welfare than the former nonconforming use; and
(g) The granting of the special exception will not have an adverse impact upon the adjoining properties and the neighborhood at large.
(7) Any special exception granted by the Board of Adjustments pursuant to the provision of this section shall be valid only for a period of two years from the date of issue. The special exception may thereafter be renewed for two-years’ period, but only upon public hearings before the, and upon the, Board’s again making the affirmative findings set out above. The Board may impose any appropriate conditions and safeguards upon any such special exception which it grants for the further protection of neighboring properties and the public welfare.
(B) Nonconforming buildings or structures. Nonconforming buildings and structures shall be allowed to remain subject to the following provisions.
(1) A nonconforming building or structure shall not be extended unless such extension shall comply with all the requirements of this chapter for the zone in which it is located.
(2) A nonconforming building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riot, or Act of God, shall not be reconstructed except in conformance with the provisions of this chapter.
(3) Nonconforming signs or billboards shall be eliminated or changed to conform with the provisions of this chapter within 18 months of the date the signs or billboards become nonconforming.
(Prior Code, § 9-4045) (Ord. passed 4-27-1970; Ord. passed - -)