When the applicable district regulations of this Zoning Ordinance do not allow as a permitted use either a use or part or all of a building or other structure lawfully existing at the time of the adoption of this ordinance, or a use of land not involving a building or structure lawfully existing at the time of the adoption of this ordinance, such existing use may be continued so long as it is otherwise lawful. Such uses shall be referred to in this article as "nonconforming uses" and shall be subject to the following regulations:
(a) Ordinary Repair and Maintenance.
(1) Work may be done on ordinary maintenance and repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided, that this subsection shall not be deemed to authorize any violation of subsections (b) through (h) hereof.
(2) Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure, other than a damaged or destroyed building or other structure subject to the provisions of subsection (e) hereof, in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition.
(b) Structural Alteration. No structural alteration shall be made unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located, unless such structural alteration is in accordance with the definition of "alteration, incidental" set forth in Section 1307.01.
(c) Extension. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include but not be limited to:
(1) Extension of nonconforming use to any building or other structure or land area other than one occupied by such use on the effective date of this ordinance or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming.
(2) Extension of a nonconforming use within a building or other structure to any portion of the floor area that was not occupied by such use on the effective date of this ordinance, or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming; provided, that a nonconforming use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.
(3) Operation of a nonconforming use in such a manner as to conflict with or to further conflict with, if already conflicting on the effective date of this ordinance or on the effective date of a subsequent amendment thereto that results in such use becoming nonconforming, any performance standards established for the district in which the use is located.
(4) Nothing contained in this section shall in any way prohibit a nonconforming use from acquiring additonal off-street parking area.
(5) Notwithstanding any other provision in this ordinance, any automobile or other junk yard in existence at the effective date of this ordinance in a residential district shall, at the expiration of three years from such date, be discontinued.
(d) Enlargement. No building or other structure that is devoted, in whole or in part, to a nonconforming use shall be enlarged or added to in any manner unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Moreover, on any lot that is the site of any nonconforming use, no building or other structure shall be constructed, enlarged or added to in any manner unless, after such construction, enlargement or addition, all buildings, other structures and uses located on such lot shall thereafter conform to the regulations of the district in which they are located.
(e) Damage or Destruction. In the event any building or other structure that is devoted, in whole or in part, to a nonconforming use is damaged or destroyed by any means to such an extent that the cost of restoration to the condition prior to such damage or destruction exceeds fifty percent (50%) of the current replacement cost of the entire building or other structure, exclusive of foundation, such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Moreover, even if such damage is fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(f) Moving. No building or other structure that is devoted, in whole or in part, to a nonconforming use shall be moved, in whole or in part, for any distance whatever to any other lot unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part, for any distance whatever to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
(g) Change. A nonconforming use of a building or other structure may not be used for any use higher than a nonconforming use permitted in the district in which the land is located at the time of the adoption of this ordinance. When a nonconforming use has been changed to a permitted use, it may not thereafter be changed back to a nonconforming use.
(h) Abandonment.
(1) Use of land. In the event operation of a nonconforming use of land is voluntarily discontinued or abandoned for a period of one year, such nonconforming use shall not thereafter be reestablished; and any subsequent use or occupancy of such land shall conform to the regulations of the district in which it is located.
(2) Use of building or structure. In the event operation of a nonconforming use of all or part of a building or other structure is voluntarily discontinued or abandoned for a period of one year, such nonconforming use shall not thereafter be reestablished; and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.
(i) Accessory Uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been abolished.
(1970 Code Sec. 32-74)