The use of a structure, lawfully existing on the effective date of the adoption of this chapter, or amendment thereto, that could not be built under the terms of this chapter, or amendment thereto, by reason of restrictions on area, lot coverage, height, or other characteristics of the structure or its location on the lot, may, so long as it is otherwise lawful, be continued, subject to the following provisions:
(1) A nonconforming structure (with the exception of structures used for single-family residential purposes) may not be enlarged, except to change the use of the structure to a use permitted in the district in which it is located. Notwithstanding anything contained in this chapter to the contrary, any structure for single-family residential purposes on the effective date of the adoption of this chapter (whether same shall be conforming or nonconforming) may be enlarged for single-family residential purposes, unless said use shall have been nonconforming and abandoned or discontinued under subsection
(3) hereof, in which case said structure may not be enlarged. In regard to any enlargement of a structure for single-family residential purposes, the area and height regulations contained in sections
14.06.033,
14.06.063,
14.06.093 and
14.06.123 hereof, and the off-street parking and sidewalk regulations contained in sections
14.06.064,
14.06.095 and
14.06.125, shall not apply.
(2) A nonconforming use may be extended throughout any part of a structure which was manifestly arranged or designed for such use at the time of the adoption of this chapter, or the amendment thereto that made such use nonconforming.
(3) When a nonconforming use of a structure, or structure and premises in combination, ceases for a period of more than six (6) consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(4) Should the use of a structure or structure and land in combination be nonconforming, removal or destruction (as a result of any cause) of the structure, unless a like replacement structure is commenced within six (6) months from the date of removal or destruction, shall eliminate the previous nonconforming status of the land and any construction thereon or use thereof after said six (6) month period shall be in conformance with the regulations of the district in which said land is located. In the event that a nonconforming structure is removed or destroyed, it may be replaced by a like structure on the same land, so long as construction upon said replacement structure is commenced within six (6) months from the date that the original structure was removed or destroyed.
(5) Should a structure be removed from one district to another, the use of said structure shall comply with the regulations of that district into which it is moved.
(6) Nothing in this chapter shall be construed to prevent the maintenance or repair of a structure, the use of which is either conforming or nonconforming.
(1977 Code, sec. 12-52; 2004 Code, sec. 14.153)