Where otherwise lawful uses of land or structures exist at the effective date of adoption of this Zoning Ordinance, or amendments thereto, which would not be permitted by the regulation contained in this Zoning Ordinance, such uses may be continued so long as they remain otherwise lawful, provided:
(a) Any nonconforming use may, upon approval by the Board of Zoning Appeals, be expanded not to exceed twenty-five percent (25%) of the ground floor square footage as comprised in the original nonconforming use, provided that such expansion conforms to all other zoning requirements pertaining to the use as determined by the Board. The expansion of a nonconforming use located within a nonconforming building or structure shall comply with the requirements of Section 1211.05.
(b) A change from one nonconforming use to another may be permitted, provided that the Board of Zoning Appeals determines that the adverse effects of the proposed use do not exceed those of the previous use. In making that determination, the Board shall consider traffic generation by employees or customers, parking requirements and any other pertinent criteria.
(c) The Board of Zoning Appeals shall hold a public hearing to consider the application. The public notice requirements found in Section 1229.10 shall be followed.
(d) A request for change in the conforming use of a lot or structure shall be accompanied by a complete application and fee. Review process shall follow the procedures set forth in Chapter 1229.
(e) Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of this Zoning Ordinance shall not be considered as a nonconforming use in the zoning district in which it is conditionally permitted. Such conditionally permitted use shall be considered a conforming use on the particular lot on which it is located, if it meets all the requirements of the district in which it is located.
(f) Any expansion of a nonconforming use shall not be allowed into adjacent lots purchased after the zoning code made the original building a nonconforming use or into adjacent lots previously owned by the same land owner and used in conformity with the zoning code and which did not qualify as a nonconforming use.
(g) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel, other than that occupied by such uses at the effective date of adoption or amendment of this Zoning Ordinance.
(h) No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with such nonconforming use of land.
(i) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by permitted use, shall thereafter conform to the regulation for the district, and the nonconforming use may not thereafter be resumed.
(j) Any nonconforming use of the land, where no principle building exists, shall remain lawful for two (2) years after the adoption of this Zoning Ordinance. Thereafter, the land shall be used only in conformance with the use regulations for the district in which the land is located.
(Ord. 1-15. Passed 2-23-15.)