The lawful use of a building or premises, existing at the time of passage of this chapter [July 14, 1986], may be continued although the use does not conform to all the provisions of this chapter, except as hereinafter provided:
(A) A nonconforming use may be extended or continued throughout a building or premises. Structural alterations, extensions or additions may be made, but only after obtaining a permit from the Building Commissioner, who may grant it, provided the proposed change does not exceed 25% of the value of the existing structure, and the proposed change is not objectionable to the spirit of the zoning code. He or she shall refuse the permits if a proposed structural addition, extension or alteration to an existing nonconforming legal use exceeds 25% of the value of the structure, or if under 25% and no permit is granted by the Building Commissioner, then an application for a variance must be made with the Board, which may be granted by the Board if special reason is found to justify the variance and granting it would not materially harm any other person or property.
(B) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building, unless conforming with division (A) above. Whenever a nonconforming use has been changed to conforming use or a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of less restricted one.
(C) No building shall be erected upon any premise devoted to a nonconforming use, except in conformance with regulations of this chapter.
(D) The Board may authorize, by written permit, in a residentially-zoned district for a period of not more than 1 year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of the district.
(E) Nothing herein contained shall require any changes in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of the permit, and which entire building shall be completed according to the plans filed within 3 years from the date of passage of this chapter [July 14, 1986].
(F) In the event that a nonconforming use of any building or premises is discontinued for a period of 1 year, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
(G) Any nonconforming open use of land shall be discontinued within 5 years from the date of passage of this chapter [July 14, 1986].
(H) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.
(Prior Code, § 156.18) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999