§ 159.005. NONCONFORMING USES, BUILDINGS, AND STRUCTURES.

(A) Definitions of nonconforming uses, buildings, and structures. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NONCONFORMING USE. Any lawful use of land or any lawful use of a building or structure existing on the effective date of this chapter, or any amendment thereto, which use does not conform to the regulations for the district in which it is located after the effective date of this chapter or the amendment.

SUBSTANDARD BUILDING or SUBSTANDARD STRUCTURE. Any building or structure lawfully existing on the effective date of this chapter or any amendment thereto, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this chapter or the amendment.

(Prior Code, Ch. 300 § 402.01)

(B) Preservation of nonconforming uses. Except as hereinafter provided in this section, the lawful use of land or the lawful use of a building or structure existing on the effective date of this code of ordinances or on the effective date of any amendment thereto may be continued although the use does not conform to the provisions of this chapter, except as otherwise provided in this section.

(Prior Code, Ch. 300 § 402.02)

(C) Preservation of dimensionally substandard buildings or structures. Except as hereinafter provided in this section, buildings or structures lawfully existing on the effective date of this chapter or on the effective date of any amendment thereto may be maintained, although the building or structure does not conform to the dimensional standards of this chapter, but any such building or structure shall not be altered or improved beyond normal maintenance; except that any lawful dimensionally substandard residential building, accessory building, or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed 10% of the minimum setback requirements, but the alteration or improvement shall conform to all of the provisions of this chapter and shall not increase the existing substandard square footage.

(Prior Code, Ch. 300 § 402.03)

(D) Unlawful uses, buildings, and structures. No unlawful use of property existing on the effective date of this chapter or any amendment thereto, nor any building or structure which on that date shall be deemed a nonconforming use or a nonconforming building or structure.

(Prior Code, Ch. 300 § 402.04)

(E) Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of this chapter or any amendment thereto may be completed and occupied in accordance with the requirements of any valid building permit issued therefor prior to the effective date.

(Prior Code, Ch. 300 § 402.05)

(F) Change from one nonconforming use to another. A nonconforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification, and provided such change is approved by the Board of Adjustment and Appeals as hereinafter provided. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(Prior Code, Ch. 300 § 402.06)

(G) Change of use with approval of the Board of Adjustment. A nonconforming use, all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the Board of Adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative "detriment," the Board of Adjustment shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazards; and hours and manner of operation.

(Prior Code, Ch. 300 § 402.07)

(H) Restoration of nonconforming buildings or structures. A nonconforming building or structure which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity may be restored and the occupancy or use of the building, structure, or part thereof, which existing at the time of the partial destruction, may be continued or resumed, provided that the restoration is started within a period of 1 year and is diligently prosecuted to completion, unless the damage to the building or structure is equal to 50% or more of the replacement cost thereof (as determined by the Building Official), in which case the reconstruction shall conform to the provisions of this chapter, except by conditional use permit and not to exceed the gross square footage of the previous structure.

(Prior Code, Ch. 300 § 402.08)

(I) Abandonment of use. When any nonconforming use of land or of a building or structure is abandoned for a period in excess of 1 year, the land, building, or structure shall, thereafter, be used only as provided by this chapter.

(Prior Code, Ch. 300 § 402.09)