§ 5.2 NONCONFORMING USES.

   5.2.1   General. Nonconforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this ordinance. Nonconforming uses shall be subject to the standards in this section.

   5.2.2   Change of use. A nonconforming use shall not be changed to any other nonconforming use. Once a nonconforming use has ceased operation or has been discontinued for a period of 180 days or longer, it shall only be replaced with a conforming use.

   5.2.3   Expansion and enlargement. Except in accordance with this division, a nonconforming use shall not be enlarged, expanded in area occupied, or intensified. An existing nonconforming use may be enlarged into any portion of the structure where it is located, provided the area proposed for expansion was designed and intended for such use prior to the date the use became a nonconformity.

   5.2.4   Discontinuance. A nonconforming use shall not be reestablished after discontinuance for a period of 180 consecutive calendar days or more. An effort to renovate the structure housing the use is not considered a vacancy, abandonment, or discontinuance, provided all appropriate development approvals are obtained, and provided the renovation is completed within 180 days from its commencement, and the use is re-established within 30 days from the time the renovation is completed. Failure to complete the renovation within 180 days or reestablish the use within 30 days following renovation shall constitute discontinuance, and a nonconforming use shall not be reestablished in the structure.

   5.2.5   Accessory uses. Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operation within 30 days.

   5.2.6   Reconstruction after casualty damage.

      (A)   Destruction or damage beyond 50% of value.

         (1)   In the event a structure housing a nonconforming use is damaged or destroyed, by any means, to an extent of more than 50% of its structural replacement cost at the time of damage or destruction, the nonconforming use may not be reestablished following reconstruction.

      (B)   Damage of 50% or less of value.

         (1)   In the event a structure housing a nonconforming use is damaged, by any means, to an extent of 50% or less of its structural replacement cost at the time of damage, it may be repaired to its previous form, and the nonconforming use reestablished, if a building permit for such repair or restoration is obtained within 365 days of the casualty damage.

         (2)   In no case shall a different nonconforming use be established in the place of the nonconforming use that was housed in the structure at the time of casualty damage.

(Ord. TA.24.02, passed 4-4-2024)