A. Continuation of nonconforming use of land. A lawful use of land made no longer permissible under the terms of this zoning code as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. Such use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this zoning code or applicable amendment.
2. Such use shall not be moved in whole or in part to any portion of the lot or parcel of land occupied by such use on the effective date of this zoning code or applicable amendment.
3. If such use ceases for any reason for a period of more than six (6) consecutive calendar months, any subsequent use of such land shall conform to the requirements of this title for the zone in which it is located.
4. If provision is made for the termination of such use, any use of such land after termination shall conform to the requirements of this title for the zone in which it is located.
B. Continuation of nonconforming use of structure. A lawful use of a structure, or of a structure and land in combination, under the terms of this zoning code as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this title.
2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.
3. If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards.
4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
5. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six (6) consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
6. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this paragraph means damage to an extent of more than fifty percent (50%) of the replacement cost of the structure immediately prior to destruction.
7. When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.
8. If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this title for the zone in which it is located.
(Ord. 425, passed 10-14-68)