Nonconforming uses are declared generally incompatible with surrounding uses and development. A nonconforming use may be continued in accordance with the provisions in this section.
A. Normal Maintenance Or Repair: Normal maintenance or repair necessary to maintain a sound and safe structure may be performed on structures containing nonconforming uses provided that the maintenance or repair does not increase any nonconformity or change the use.
B. Enlargement Or Expansion: A nonconforming use may not be enlarged or expanded in area, space or volume except as provided in subsection B1 of this section.
1. ADA: Notwithstanding the prohibition stated above, expansions such as covered wheelchair ramps, lifts, and handicap accessible rest rooms, which are needed to meet requirements of the Americans With Disabilities Act (ADA), shall be allowed to buildings containing nonconforming uses.
C. Change In Use: A nonconforming use shall not be changed to another nonconforming use. Whenever a nonconforming use has been changed to a conforming use, the use of the property shall not revert back to a nonconforming use.
D. Discontinuance Or Abandonment: If a nonconforming use is operationally discontinued or abandoned for a period of more than twelve (12) consecutive months regardless of the removal or non- removal of furniture/equipment or any intention to resume such activity in the future, such use may not be reestablished or resumed including using residential structures for storage of materials. Any subsequent use of the site shall conform to this title.
E. Repairs Of Partially Destroyed Structures:
1. Fifty Percent Or More: If fifty percent (50%) or more of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure shall not be restored or reconstructed.
2. Less Than Fifty Percent: If less than fifty percent (50%) of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure may be restored or reconstructed provided:
a. Not Larger: The reconstructed building shall not exceed the height, area or volume of the structure prior to the damage; and,
b. One Year: Reconstruction shall commence within one year of the date of the damage and proceed diligently until completion. (Ord. 567, 3-20-2017)