When the applicable district regulations of this Zoning Code do not allow as a permitted use either a use of part or all of a building or other structure lawfully existing at the time of the adoption of this Zoning Code or amendments thereto, or a use of land not involving a building or structure lawfully existing at the time of the adoption of this Zoning Code or amendments thereto, such existing use may be continued so long as otherwise lawful. Such uses are referred to in Section 1147.01 to 1147.05 of this Zoning Code, as "nonconforming uses" and are 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 walls, fixtures, wiring, or plumbing. However, this paragraph shall not be deemed to authorize any violation of subsections (b) through (j) of this section.
(2) Nothing in this Zoning Code 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 division (d)) 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 it restoration to a safe condition.
(3) Buildings devoted to nonconforming residential uses in a business or industrial district may be maintained, repaired, improved, modernized or enlarged. However, no increase in the number of dwelling units shall be permitted.
(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 such structure is located except as provided in subsections (c), (d), and (e) below.
(c) Extension and Enlargement. The Board of Zoning Appeals may permit a nonconforming use of a building or structure to be extended, expanded, enlarged, or increased in intensity subject to the following conditions:
(1) 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 the effective date of this Zoning Code or any amendments thereto.
(2) A nonconforming use of land may not be extended, enlarged, or increased in intensity.
(3) Nothing contained in this section shall in any way prohibit a nonconforming use from acquiring additional off-street parking space.
(4) Application for an extension or enlargement in accordance with divisions (c)(1) through (c)(3) shall be noticed and heard in the manner prescribed for variances.
(d) Damage or Destruction. In the event that a nonconforming building or structure is damaged or destroyed, by any means, to such an extent that the cost of restoring it to the condition in which it was before such damage or destruction exceeds fifty (50) percent of the current replacement cost of the entire building or structure, exclusive of foundations such building or structure shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located.
(e) 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 location on the same lot or 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.
(f) Change. The Board of Zoning Appeals may permit a substitution for a nonconforming use in a building or structure lawfully existing at the time of the adoption of this Zoning Code subject to the following conditions:
(1) A nonconforming use of land may not be changed.
(2) Application for a substitution in accordance with paragraph (1) shall be noticed and heard in the manner prescribed for appeals.
(g) Discontinuance.
(1) Discontinuance of nonconforming use of land. In the event that operation of a nonconforming use of land is voluntarily discontinued and remains vacant for a period of one hundred eighty-three (183) calendar days, 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) Discontinuance of nonconforming use of buildings or structures. In the event that operation of a nonconforming use of all of a building or other structure is voluntarily discontinued and remains vacant for a period of one hundred eighty-three (183) calendar days, 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.
(h) Change to Conforming Use. In the event that the operation of a non-conforming use of land or building is changed to a conforming use, it shall not revert back to a non-conforming use.
(i) Nonconforming Accessory Uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.
(j) Nonconforming Signs Not Affected By This Section. This section shall not be applied to nonconforming signs.