After the effective date of this chapter, existing structures or the uses of land or structures which would be prohibited under the regulations for the district in which it is located (if they existed on the adoption date of this chapter), shall be considered as nonconforming. Nonconforming structures or uses (as defined in § 156.005) may be continued provided they conform to the following provisions.
(A) Continuing nonconforming uses of land.
(1) Extensions of use. Nonconforming uses of land shall not hereafter be enlarged or extended in any way. Ordinary repairs shall not be construed as an expansion of use.
(2) Change of use. Any nonconforming use of land may be changed to a conforming use.
(3) Cessation of use. All nonconforming uses of land or uses involving only minor structures, such as automobile wrecking yards, billboards, outdoor advertising signs, junk yards, salvage operations, mobile homes or any similar to those enumerated, shall be discontinued when the structure, billboard or sign has deteriorated to the point where major repairs in excess of 60% of fair market value of the structure are required. Nonconforming uses of land shall not be reestablished after discontinuance for 180 days.
(B) Continuing the use of nonconforming buildings.
(1) Extensions of use. Nonconforming buildings and nonconforming uses of buildings shall not hereafter be enlarged.
(2) Change of use. The lawful use of a building existing at the time of the adoption of this chapter may be continued although the use does not conform with the provisions of this chapter.
(a) No building shall be enlarged, unless the use therein is changed to a conforming use; provided, however, that, a nonconforming building damaged by fire, explosion, tornado, earthquake or similar uncontrollable cause to the extent of not more than 60% of its assessed value at the time of the damage may be repaired or rebuilt within one year of the date of the damage, but not thereafter. Repairs must commence within six months of the date of damage and reasonable efforts demonstrated to complete necessary repairs during this period.
(b) Existing single-family residential structures in business or industrial districts may be enlarged, extended or structurally altered; provided that, no additional dwelling units result therefrom. However, any enlargements, extensions or alterations, shall comply with the dimensional requirements determined by the Board of Adjustment.
(c) If a nonconforming use is discontinued, any future use of the buildings and premises shall be in conformity with the provisions of this chapter. A reasonable interim, however, between tenants or occupants shall not be construed to mean discontinuance; provided, the period does not exceed a maximum of 180 days.
(d) The foregoing provisions of this section shall also apply to nonconforming uses created by amendments to this chapter.
(Ord. passed 9-10-1984)