If at the time of the passage of this chapter or amendments thereof, a structure had been lawfully constructed on or moved onto a lot, or a use being made of the structure or (taking place on) the lot was lawful, the structure may remain on the lot and/or the use continued even though the structure and/or the use of the structure or lot no longer conforms to the provisions of this chapter, subject to the following restrictions and conditions:
(A) A nonconforming structure may be maintained and repaired, but no structural alterations, other than those required by law, shall be made.
(B) If a nonconforming structure or nonconforming portion of structure is destroyed (or is damaged or has deteriorated by more than 50% of its prior value) or is removed from the lot, it shall not be (repaired,) reconstructed or replaced except in conformity with the provisions of this chapter.
(C) A nonconforming use taking place within a structure may be extended throughout that structure, but not to other structures on (or added to) the lot or to other parts of the lot.
(D) Whenever a nonconforming use has been changed to a conforming use, or has been discontinued for a period of six months, the use of the lot shall thereafter conform to the provisions of this chapter.
(E) The Board may grant variances from the nonconforming structure and use restrictions contained in this section in the same manner as other variances from this chapter.
(F) All nonconforming structures and uses that are allowed to continue as a result of satisfying the terms and conditions of this section shall be considered as “grand-fathered” by virtue of the fact that they were lawfully constructed or commenced at a time when such structure or use was permitted under the applicable zoning ordinance.
(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995; Ord. 16, passed 10-14-2014)