Subject to the limitations set forth in this Article, nonconforming uses, nonconforming features and nonconforming buildings may continue. The terms "nonconforming use," "nonconforming feature" and "nonconforming building" shall have such meanings as specified in § 171-8 of this chapter.
No nonconforming use shall be extended, enlarged or moved so as to occupy a different or greater area of land or buildings than was occupied by and actively devoted to such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout such portion of land or such part of a building which was lawfully arranged, designed, equipped and intended for such use at the time it became nonconforming.
No building or portion of a building devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless such building or portion of a building is thereafter devoted to a use which conforms with the use regulations of this chapter. Nothing in this Article shall be construed to prohibit normal repair, maintenance or incidental alteration of a building or the alteration, strengthening or restoring of a building to safe condition as may be required by law.
A. 
A nonconforming use of land or a nonconforming use of a building may be changed to a use which conforms with the use regulations of this chapter or to a use, other than multifamily, which is first permitted by right in a more restricted zoning district as indicated by § 171-41, Table of Permitted Uses. Whenever a nonconforming use has been changed to a conforming use or to a more restricted use, such use shall not thereafter be changed back to the original nonconforming use or to any less restricted use.
B. 
For purposes of this Article, the term "use" shall mean a type of activity listed on the Table of Permitted Uses, and a change in occupancy, ownership or management shall not in itself constitute a change in use.
A. 
Whenever a nonconforming use of land or a nonconforming use of a building is discontinued for a period of more than 24 consecutive months, whether or not equipment or fixtures intended for such use are removed, any subsequent use shall conform with the use regulations of the district in which the property is located.
B. 
In case of determination by the Zoning Administrator that a nonconforming use has been changed to an illegal use, such illegal use shall cease and any subsequent use on the premises shall be in conformity with the use regulations of this chapter or the illegal use may be changed to the last lawful nonconforming use to occupy the premises.
A. 
A building which is nonconforming with respect to the bulk regulations or other feature required by this chapter may nonetheless be occupied by a use permitted in the district in which such building is located, provided that off-street parking and loading requirements for the use are satisfied.
B. 
A building which is devoted to a conforming use and is nonconforming with respect to the bulk regulations or other feature required by this chapter may be enlarged, extended or structurally altered, provided that the degree or extent of any nonconforming feature is not increased.
C. 
An increase in the height of a building or portion of a building which is nonconforming with respect to a yard requirement shall be deemed to be an increase in the extent of the nonconforming feature of the building.
A. 
Damage not exceeding 50% of value. Any building having a nonconforming feature or building devoted to a nonconforming use which is damaged by fire, explosion, act of God or the public enemy to an extent not exceeding 50% of its most recent assessed taxable value may be restored, repaired, reconstructed and used as before the damage, provided that the degree or extent of any nonconforming feature that existed prior to the damage shall not be increased and the area devoted to any nonconforming use prior to the damage shall not be increased. Such restoration, repair, reconstruction or reuse shall be completed within 24 months of the date of damage.
B. 
Damage exceeding 50% of value. Whenever a building having a nonconforming feature or a building devoted to a nonconforming use is damaged by any cause whatsoever to an extent greater than 50% of its most recent assessed taxable value, such building shall not be restored, repaired, reconstructed or used except in conformance with all of the applicable provisions of this chapter, except as may be authorized by the Board of Zoning Appeals pursuant to Subsection C.
C. 
Special exception. Subject to the conditions of this section, the Board of Zoning Appeals shall have the authority to grant a special exception as provided in Article XVIII of this chapter for restoration, repair, reconstruction or reuse of a building damaged by fire, explosion, act of God or the public enemy to an extent greater than 50% of its most recent assessed taxable value.
(1) 
Before granting any special exception, the Board shall be satisfied from the evidence presented that the proposed restoration, repair, reconstruction or reuse would result in the minimum deviation from the provisions of this chapter necessary to enable reasonable use of the property with consideration for its use prior to the damage. Whenever possible, the Board shall require reduction in the degree or extent of nonconforming features and uses. In no case shall the Board authorize restoration, repair, reconstruction or reuse to any extent that constitutes a greater deviation from the provisions of this chapter than existed prior to the damage.
(2) 
Before granting any special exception, the Board shall receive testimony and make a finding that restoration, repair or reconstruction of the building will not unreasonably impair light and air to adjoining property, will not impair established property values in the immediate area and will not otherwise be detrimental to the health, safety and general welfare of the public. Before granting any special exception to reestablish a nonconforming use, the Board shall also receive testimony and find that the continued operation of the nonconforming use is in the public interest and contributes to public convenience.
Intermittent, temporary or illegal use of land or buildings shall not be construed to establish the existence of a nonconforming use for the purposes of this Article.
[Added 12-9-1996; amended 3-25-2013]
Removal and replacement of a manufactured home which constitutes a nonconforming use on an individual lot or within a manufactured home park or removal of any manufactured or mobile home unit which does not conform to current Federal Manufactured Housing Construction and Safety Standards and not Housing and Urban Development (HUD) approved and manufactured in 1980 and prior and replacement of such unit with a manufactured home which conforms to said standards shall be permitted, provided the replacement takes place within 60 days of removal.