A building or other structure existing at the time this Zoning Code became effective but which does not conform as to area or width of lot, yard dimensions, lot coverage, height of building, use intended or other regulations of the district in which it is located, is a lawful nonconforming building. Such building may continue to be occupied so long as it remains otherwise lawful, subject to the following provisions. (Ord. 67-1995. Passed 7-17-95.)
(a) A lawfully nonconforming building shall be maintained in good repair.
(b) A lawfully nonconforming building or accessory structure may only be altered, added to or enlarged so that it does not increase the nonconformity in yard, height, or other minimum dimensional requirements of the district. The Planning Commission may allow an alteration or addition that exceeds the coverage requirement of Section 1133.03 (e), pursuant to the standards contained in Section 1133.06, but in no event shall the coverage percentage exceed 25 percent. Nonconforming buildings or accessory structures, other than buildings and non-utility structures in residential districts, may be altered, added to, or enlarged, as above, only upon site plan approval by the Planning Commission pursuant to the standards contained in 1133.06. (Ord. 24-2001. Passed 4-16-01.)
(c) A lawfully nonconforming building shall not be moved in whole or part to any other location on the lot or other premises, unless every portion of the building so moved is made to conform to all regulations of the district in which it is located.
(d) If a lawfully nonconforming building is damaged or destroyed by any cause it may be reconstructed or replaced provided that any nonconformity with zoning regulations existing at the time of destruction shall not be expanded or enlarged, and provided that the reconstruction complies with all other current regulations.
(e) The lawfully nonconforming use of a building or accessory structure may only be changed to a conforming use. Thereafter, it shall not be changed back to the former nonconforming use. The term "change of use" shall not include changes within a single use category. In a list of permitted uses, each use category is identified by a number, such as: 1. Park District.
(f) If a lawfully nonconforming use within a building, accessory structure, or a portion of a building is discontinued for a period of one year, any future use of such building, or accessory structure or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.
(g) Signs lawfully erected but made nonconforming by this Code or amendments thereto, may be maintained and repaired as authorized by the Building Inspector to ensure attractive and safe conditions; however, such signs shall not be otherwise altered or moved unless made to comply with all regulations of Chapter 1155. Further, any sign or part thereof which is removed, except for authorized repairs, or required repairs which exceed 50% of its reproduction value shall not be rebuilt or relocated unless made to comply with all regulations of Chapter 1155.
(h) Any other nonconforming use of a lot, or part thereof, shall not be expanded or extended onto other parts of the lot.
(i) If such legally nonconforming use of a lot or part thereof, is discontinued for a period of one year, any future use of such lot, or part thereof so discontinued, shall be in conformity with the use regulations of the district in which it is located.
(Ord. 67-1995. Passed 7-17-95.)