(a) If lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000) or more, or of structures and premises in combination, exists at the effective date of adoption of this Zoning Ordinance (Ordinance 51-71, passed December 13, 1971), or amendment thereto, that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;
(3) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use provided that the Board of Zoning Appeals either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the provisions of this Ordinance;
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(5) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six
(6) Consecutive months or for eighteen (18) months during any three-year period, except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and (6) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction.
(b) A lawful nonconforming single-family residential structure being used for residential uses or a lawful nonconforming residential use may be enlarged, extended, reconstructed, or structurally altered without Board approval under Section 1129.05(e) as follows:
(1) The enclosure of an existing covered porch or screened porch with windows or glass panels provided that both the existing roof structure and the footprint remain the same;
(2) The addition of attached garages, covered porches, decks, or similar non-habitable additions that are external to dwelling units provided that it complies with the applicable development standards applicable to the R-10 District;
(3) The addition of an accessory building associated with a nonconforming single-family residential structure or nonconforming residential use provided it is constructed in accordance with Section 1149.08 of this Zoning Ordinance; and
(4) The replacement or reconstruction of a nonconforming single-family residential structure that has been destroyed or damaged provided that:
A. The prior nonconforming condition(s) is not increased;
B. All building materials and architectural details shall conform to the applicable requirements of this code;
C. The new structure shall not extend beyond the limits of the original foundation;
D. The application to reconstruct the nonconforming structure shall be filed with the Planning & Building Department within twelve (12) months of the structure being damaged or destroyed; and
E. The reconstruction of the structure shall not be detrimental to adjacent property and the surrounding neighborhood.
(Ord. 62-2021. Passed 3-21-22.)