(A) Any continuous, lawful use of structures, land or structures and land in combination established prior to the effective date of this chapter or its subsequent amendments that is no longer a permitted use in the district where it is located shall be deemed a legal non-conforming use.
(B) A legal non-conforming use may continue; provided, that it remains otherwise lawful, subject to the following conditions.
(1) No existing structure devoted to a legal non-conforming use shall be enlarged, expanded, increased, extended, constructed, reconstructed, moved or structurally altered, except as to change the use of the structure to a use permitted in the district in which it is located or as otherwise specified in this chapter.
(2) No building or structure shall be constructed in connection with an existing legal non- conforming use of land.
(3) Any legal non-conforming use of a structure may be extended throughout any parts of a building which were plainly arranged or designed for such use at the effective date of this chapter or its subsequent amendments, but no such use shall be extended to occupy any land outside the building.
(4) In the case of a legal non-conforming use of structure, the structure may be expanded two times only. Each of the two expansions may not exceed 10% of the existing floor area. The expansion shall conform to all applicable development standards except for landscaping, unless a variance of developmental standards is received from the Board of Zoning Appeals. If the structure is a commercial or industrial use in a residential district, § 156.132’s PK-03, PK-04 and PK-05 shall be used for parking standards.
(5) If no structural alterations are made, a legal non-conforming use of structure or structure and land in combination may be changed to another legal non-conforming use; provided that, the zoning administrator shall make specific findings that the proposed use is equally appropriate or more appropriate to the district than the existing legal non-conforming use. With the exception that if the new use requires more parking or loading area than the previous use, such new use will comply with the requirements of §§ 156.132 and 156.133 of this chapter, unless a variance from developmental standards is granted by the Board of Zoning Appeals.
(6) If a legal non-conforming use is discontinued or abandoned for six consecutive months, except when government action impedes access to the premises, any subsequent use of such land, structure or land and structure shall conform to the provisions of this chapter.
(7) When a legal non-conforming use is superseded by a permitted use, it shall thereafter conform to regulations of the district, the legal non-conforming use may not thereafter be resumed.
(8) Where a legal non-conforming use applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming structure of the land. Destruction is defined as damage of more than 75% of its fair market value at the time of destruction.
(Ord. 2002-05, passed 12-30-2002, § 11.5)