A use of part or all of a structure, or land, which is not permitted under the applicable district regulations of the Zoning Ordinance, but which is lawfully established on the effective date of this ordinance, shall be termed a "nonconforming use". Such use may be continued so long as otherwise lawful but shall be subject to the regulations below.
(a) Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless such structure and the use thereof shall thereafter conform to the regulations of the Zoning Ordinance for the district in which they are located. Moreover, on any lot that is the site of a nonconforming use, no structure shall be constructed, enlarged, or added to in any manner unless, after such construction, enlargement, or addition, all structures and uses located on such lot shall conform to the regulations of this ordinance for the district in which they are located.
(b) Ordinary Repair and Maintenance. Ordinary maintenance and repairs, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, shall be permitted, provided such allowance shall not be deemed to authorize any violation of the other parts of this section. Nothing in the Zoning Ordinance shall be deemed to prevent the strengthening of a structure, or restoring a structure to a safe condition (except for a damaged or destroyed structure subject to provisions of subsection (d) of this section) in accordance with the order of a public official who is charged with protecting the public safety, and who declares such structure to be unsafe, and orders its restoration to a safe condition.
(c) Structural Alteration. No structural alteration shall be made unless the entire structure and the use thereof shall thereafter conform to the regulations of the Zoning Ordinance for the district in which they are located. However, nothing in the Zoning Ordinance shall be construed to prevent owners of nonconforming residential structures those structural alterations that do not increase the number of dwelling units within it or enlarge its exterior dimension.
(d) Damage or Destruction. In the event a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to its prior condition exceeds 50 percent of the current replacement cost of the entire structure, exclusive of foundations, such structure shall not be permitted unless a building permit is obtained and restoration actually begun within one year of the date of such partial destruction and is diligently pursued to completion. However, in a residential zoning district, a nonconforming residential structure destroyed by a natural disaster or fire, including a structure in an area which has been down-zoned, may be replaced, provided the new structure does not contain more bedrooms or dwelling units than the previous structure and provided the new structure is in the process of reconstruction within twelve (12) months of the date it was destroyed.
(e) Moving. No nonconforming use of land or structure shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or on any other lot, unless such use shall conform to the regulations of this ordinance for the district in which it is located after being moved.
(f) Extension. A nonconforming use shall not be extended, expanded, or increased in intensity. Such prohibited activities shall include the following:
(1) Extension of a nonconforming use to any structure of land area other than one occupied by such use on the effective date of this ordinance (or on the effective date of a subsequent amendment thereto that causes such use to be nonconforming).
(2) Extension of a nonconforming use within a structure to any portion of the floor area that was not occupied by such use on the effective date of this ordinance (or on the effective date of an amendment thereto that causes such use to become nonconforming), provided a nonconforming use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on said effective date.
(g) Change. A nonconforming use shall not be changed to any use other than the same use or a use permitted by the Zoning Ordinance in the district in which the land is located, or a use that is of less nonconformity in terms of the type of intensity of use. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed to a nonconforming use.
(h) Discontinuance. A nonconforming use, which is hereafter voluntarily discontinued, and remains such for a continuous period of one year, shall not thereafter be reestablished. Such location shall thereafter be occupied by a use, which conforms to the regulations of this ordinance for the district in which it is located.
(i) Nonconforming Accessory Use. No nonconforming accessory use shall continue after the principal use to which it is accessory has been destroyed, moved, or abandoned.
(j) Avoidance of Undue Hardship. To avoid undue hardship, nothing in the Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the Zoning Ordinance and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)