(a) Continuation. Except as otherwise provided in this chapter, any use, building or structure lawfully existing at the time of enactment of this Zoning Code (Ordinance 774, passed August 23, 1976) may be continued, although it is not in conformity with the provisions of this Zoning Code.
(b) Discontinuance. If a nonconforming use of land or of a building or structure ceases or is discontinued for a period of one year or more the nonconforming use shall be deemed to be abandoned, any subsequent use of such land, building, or structure shall be in conformity with the provisions of this Zoning Code. The vacating of buildings or structures, the nonuse of land, buildings or structures or the non-operative status of such land, buildings or structures shall be deemed an intent to abandon such use.
(c) Expansion of Nonconforming Uses. Lawful business, commercial, or religious nonconforming uses may be enlarged or expanded by special exception, subject to all of the standards set forth in Section 1264.16
of this Zoning Code. Where such physical expansion or enlargement of the nonconforming use would violate the dimensional or other physical requirements of the zoning district in which the use is located, such expansion or enlargement shall not be permitted except by variance to be granted only where the Zoning Hearing Board finds that the enlargement is necessary for the viability of such nonconforming use and that all other standards necessary for the granting of a variance have been met. Physical expansion or enlargement may not extend onto land acquired after the use became nonconforming or onto a lot not utilized for the nonconforming use at the time the use became nonconforming.
(d) Expansion of Nonconforming Structures. Where a use is conforming but the building or other structure in which the use is housed is nonconforming as to height, setback, lot coverage, area or bulk regulations, minimum lot area, or other dimensional or physical requirements, such building or structure may not be expanded or enlarged in respect to those nonconformities. Such nonconforming building or structure may be modified, added to, or enlarged, as long as the modifications, additions, or enlargements conform to all the regulations of the district in which the use is located.
(e) Relocation of Nonconforming Structures. No nonconforming building or structure shall be moved, in whole or in part, to another location on the lot or to another lot, unless every portion of the building or structure to be moved will conform to the regulations of the district in which it is to be located.
(f) Reconstruction of Nonconforming Structures.
(1) Any lawful nonconforming principal structure on a lot that has been involuntarily damaged or destroyed by casualty to the extent of not more than 50% of its fair market value may be reconstructed in the same location. All necessary permits for the reconstruction shall be applied for within one year of the date of such damage, and the reconstruction shall be completed within two years of the date of such damage and shall not exceed the height, area, or volume of the damaged structure, except to the extent permitted by subsection (d) hereof. Any lawful nonconforming principal structure that is damaged or destroyed voluntarily or due to neglect or dilapidation to the extent of more than 50% of its fair market value may only be reconstructed in compliance with the zoning requirements of the district in which such structure is located.
(2) Any lawful non-conforming accessory building that is damaged, destroyed or removed, either in part or in whole may be reconstructed provided that all necessary permits for the reconstruction shall be applied for within one year of the date of such damage, destruction or removal, and the reconstruction shall be completed within two years of the date of such damage, destruction or removal and the replacement accessory building shall be located on the same footprint as the damaged, destroyed or removed accessory building and shall not exceed the height or area of the accessory building that was damaged, destroyed or removed.
(g) Nonconforming Parking Conditions. No lawful business, commercial, or religious nonconforming uses may be enlarged or expanded in such a manner that the enlargement or expansion would result in greater nonconformance as to the number or size of parking spaces required for such use under this Zoning Code.
(h) Change. An existing nonconforming use may not be changed to another nonconforming use of a different character. Whenever a nonconforming use is changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
(Ord. 774. Passed 8-23-76; Ord. 998. Passed 12-12-05; Ord. 1027. Passed - -.)