A nonconforming structure or site may continue to be used or occupied by a use permitted in the applicable zoning district so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Any nonconforming structure may be enlarged, maintained, repaired, or altered provided. However, no such enlargement, maintenance, repair, or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure or site unless otherwise specified in this code.
(b) A nonconforming structure shall not be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the applicable zoning district after being relocated.
(c) The nonconforming use of a vacant lot, or part thereof, shall not be expanded or extended.
(d) The principal use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(e) The governmental acquisition of a portion of a lot for a public purpose that results in a reduction in a required yard or building setback below that required in the applicable zoning district shall not render a structure nonconforming.
(f) Damage or Destruction of a Nonconforming Structure Containing a Conforming Use.
(1) If a nonconforming structure is damaged, but not to an extent greater than fifty percent (50%) of the structure's fair market 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 or destruction. Such reestablishment of the use shall require the issuance of a building permit within one year of the initial damage. If an owner rebuilds a legally nonconforming structure under this provision, they may expand the structure provided any expansion or change does not increase the nonconformity that existed prior to the damage.
(2) If a nonconforming structure is damaged beyond fifty percent (50%) of the structure's fair market value, such structure shall only be rebuilt in compliance with the requirements of this code. Such reconstruction shall require the application and issuance of all necessary zoning and building permits.
(3) If the owner voluntarily removes the structure or reduces the nonconformity that has not been damaged or destroyed, that owner shall not be permitted to rebuild the structure to the original height, size, or setback.
(4) The determination of fair market value shall be made in the same manner as established in Section 1125.04(f)(2).
(g) Nonconforming Parking Facilities.
(1) A building or use existing lawfully at the time this code became effective but which does not conform with the off-street parking or off-street loading regulations may be occupied by the existing use without such parking and/or loading facilities being provided.
(2) Any parking spaces that may be provided shall be in accordance with the applicable regulations set forth in the code. However, if the existing building is altered so that there is an increase in the number of dwelling units, seating capacity, or floor area, or if the use is changed to a use requiring more off-street facilities, than off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accordance with the applicable provisions of the code. (Ord. 2879. Passed 10-23-23.)