Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this Section 1149.04.
(a) Repairs and Alterations.
(1) Building or structure designed or intended for a nonconforming use: Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or, except to make the building or structure, and the use thereof, conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as herein above provided.
(2) Building or structure designed or intended for a permitted use: Repairs, alterations, and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.
(b) Additions and Enlargements. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:
(1) Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in this Ordinance.
(2) The allowable floor area ratio, as provided in this Ordinance.
(3) The allowable gross floor area per establishment, as provided in this Ordinance.
(c) Discontinuance; Expansion, and Use Change. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located.
(d) Expansion of Nonconforming Use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(e) Changes of Nonconforming Use. Building or structure designed or intended for a nonconforming use: The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the same district in which the nonconforming use which presently occupies the building or structure is located.
(f) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(Ord. 1994-44. Passed 10-17-94.)
(g) Restoration of Damaged Building or Structure. A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God shall not be restored unless repairs or reconstruction to the nonconforming use are started within one year from the date of damage or destruction and said restoration or reconstruction is diligently prosecuted to completion.
If the restoration or reconstruction is not started within one year from the date of said damage or destruction and diligently prosecuted to completion, the building or structure shall be moved, the area cleared and the property shall become subject to the zoning use in place on that date.
(Ord. 1996-14. Passed 6-4-96.)