If a lawful use of land, or use of land and a structure in combination, exists at the effective date of adoption or amendment of this Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Enlarging. No structure devoted to a use not permitted by this Code in the district 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 district in which it is located.
(b) Extending. 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 Code, but no such use shall be extended to occupy any land outside such building.
(c) Another Nonconforming Use. If no structural alterations are made, any nonconforming use of land, or land and a structure in combination, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use. In reviewing such appeal, the Board shall determine whether the proposed use is equally or more compatible to the district than the existing nonconforming use. The Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of this Code.
(d) Resuming. Any use of land, or use of land and structure in combination, on or in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district. The nonconforming use may not thereafter be resumed. (Ord. 53-97. Passed 5-12-97.)
(e) Discontinued. When a nonconforming use of land, or land and a structure in combination, is discontinued or abandoned for more than six months (except when government action impedes access to the premises), the land or structure shall not thereafter be used except in conformity with the regulations of the district in which it is located. The intent to continue a nonconforming use shall not be evidence of its continuance.
(Ord. 51-11. Passed 9-12-11.)
(f) Destruction. When a structure housing a nonconforming use is destroyed by any means to the extent of more than fifty (50) percent of the cost of replacement of such structure, it shall not be rebuilt, restored, or reoccupied for any use unless it conforms to all regulations of this Code. Where nonconforming use status applies to land and a structure in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(g) Moving. No nonconforming uses of land 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 Code.
(h) Additional Structure. No additional structure not conforming to the requirements of this Code shall be erected in connection with any nonconforming use of land.
(I) Conditional Use. Any use which is approved as a conditionally permitted use in a district under the terms of this Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.