Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land or structure than was occupied at the effective date of adoption or amendment of this code except as follows:
(1) A nonconforming residential building may be enlarged if the required yard areas are determined adequate by the Planning Commission, as determined by approval of a conditional use.
(2) Buildings containing any other nonconforming use may be improved by a conditional use permit granted under the provisions of Section 1129.04.
(b) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(c) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(d) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned for more than six months, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original floor plan and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the Planning Commission may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises. Appropriate safeguards, conditions and design standards may be required by the Planning Commission so as to minimize the impact of such continuance on the area.
(2) Termination of Use by Damage or Destruction.
A. If a nonconforming residential use, in any district, is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided the structure and use meet the same size in height and footprint, as well as complying with the same setbacks as previously existed.
B. If any building containing a nonconforming use, other than a residential use, is damaged, but not to an extent greater than sixty percent (60%) of the principal structure's reconstruction value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage. Such reestablishment of the use shall require the issuance of a building permit, which must be issued within six months of the damage or the use shall not be reestablished.
C. If any building containing a nonconforming use, other than a residential use, is damaged beyond sixty percent (60%) of the principal structure's reconstruction value, such structure and use may only be reestablished in accordance with this code.
D. Determination of the reconstruction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the City and the third to be selected by the mutual consent of the two (2) parties.
(Ord. 2022-22. Passed 5-10-22.)