(A) General provisions. A nonconforming use of a building and land at the time of the adoption of this chapter is deemed to be “grandfathered” and may be continued although the use does not conform with district regulations. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made.
(B) Continued use.
(1) Whenever a district is changed, any existing nonconforming use in the changed district may be continued, provided all other regulations governing the use are complied with.
(2) A nonconforming use, if converted to a conforming use, shall not be changed back to a nonconforming use.
(3) Where a building or signs located in a district restricted against its use has been wholly or partially destroyed by fire or other calamity, a permit shall be granted for its reconstruction within a period not to exceed 12 months from the date of its destruction.
(4) Where a nonconforming use has existed and it is not exercised or continued for a period of 180 days, the use shall cease to exist. Thereafter, uses shall conform to the district in which such premises or building is located.
(5) Where a nonconforming use exists, it cannot change to another nonconforming use of different quality and characteristics unless the use is more compatible with the characteristics of the neighborhood in which it is located. Where a nonconforming use has changed to a more compatible use, it shall not be changed back to a less compatible use.
(C) Conversion of an existing accessory structure to a dwelling unit in R-1, R-2 and R-3.
(1) The structure to be converted to a dwelling must exist as of December 11, 2020.
(2) The conversion of the structure cannot increase the square footage of the existing structure’s building footprint. Nonconforming setbacks that exist are permitted to remain but shall not be reduced.
(3) The structure must meet all building and fire code requirements.
(4) The structure cannot be located within any public street or alley right-of-way.
(Prior Code, App. A, Art. V, § 7) (Ord. 969, passed 8-18-2003; Ord. 1336, passed 11-16-2020)