§ 152.050  NONCONFORMITIES.
   (A)   Enlargement/expansion. A nonconforming use of land, premise, or structure shall not be enlarged upon, expanded, or extended after the effective date hereof by the attachment of a structure, premises, or land, or additional signs intended to be seen off the premises or land, or by the addition of other uses of a nature which would be prohibited in the district involved.
   (B)   Nonconforming lots of record.
      (1)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any lot which is a lot of record on the effective date hereof. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations hereinafter provided.
      (2)   Yard regulations and standards for single nonconforming lots of record:
         (a)   Front yard. The front yard regulations and standards of the district in which such lot is located shall apply;
         (b)   Rear yard. The rear yard regulations and standards of the district in which such lot is located shall apply; and
         (c)   Side yard.
            1.   On such lot with a width of 50 feet or more, two side yards shall be provided as required by the regulations and standards of the district in which such lot is located.
            2.   On such lot less than 50 feet, but not less than 27 feet in width, two side yards shall be provided, each equaling 10% of the lot width.
            3.   On such lot less than 27 feet but not less than 20 feet in width, the structure located on such lot shall have a width of not more than 90% of such lot width. Only one side yard need be provided, equaling in width the difference between the lot width and the maximum permitted width of the structure. No other side yard need be provided. The wall of any building facing the side of the lot on which no side yard is required shall be without openings and shall not be constructed as a common wall.
   (C)   Repairs and maintenance. On any structure devoted in whole or in part to any nonconforming use, or which itself is nonconforming, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not to exceed 10% of the then current replacement value of the structure; provided that the volume of such building or the size of such structure as it existed at the effective date of adoption or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
   (D)   Discontinuance. If a nonconforming use has ceased for a period of one year or more, it shall not be re-established unless the nonconforming use was in a building designed, arranged, or intended for such use, and which building does not reasonably lend itself to occupancy by a conforming use. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
   (E)   Partial destruction. If a nonconforming structure is destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(1977 Code, § 5-9)  (Ord. passed 9-12-1966)