(A) Continuation of Nonconforming Buildings. Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this Article.
(B) Repairs and Alterations.
(1) Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, except those required by law or except to make the building or structure, an the use thereof, conform to the regulations of the district in which it is located. For the purpose of this Section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutes for, machinery or equipment not involving structural alterations to the building or structure, except as herein provided.
(2) Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended or a use permitted in the district in which it is located, provided such repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.
(C) Additions and Enlargements. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions or enlargements thereto, shall conform to the following:
(1) Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in this Chapter.
(2) The allowable floor area ratio, as provided in this Chapter.
(3) The allowable gross floor area per establishment, as provided in this Chapter.
(D) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(E) Restoration of Damaged Building or Structure Designed or Intended for a Nonconforming Use. A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the cost of the restoration of the entire building new, shall not be restored unless said building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.
(1) In the event such damage or destruction is less than fifty percent (50%) of the cost of restoration of the entire building new, no repair or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is completed within one year thereafter.
(2) If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared by the owner, or at the owner's expense.
(F) Discontinuance of a Nonconforming Use. If the nonconforming use of a building, structure or premises is discontinued for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the building, structure or premises shall conform to the use regulations of the district in which such building, structure or premises is located.
(G) Expansion of a Nonconforming Use:
(1) The nonconforming use of part of a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in such it is located, may be extended throughout the building or structure in which said use is presently located but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(2) The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.
(3) The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.
(H) Change of Nonconforming Use.
(1) The nonconforming use of a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use which presently occupies the building or structure is a permitted or conditional use, or to a use permitted in a more restrictive district. For the purposes of this subsection, the R-1 District shall be considered the most restrictive and the I-2 General Industrial District the least restrictive.
(2) No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
(3) The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.
(Ord. 05-2539, passed 10-11-05)