5.7.1 General. A preexisting nonconforming religious or civic institutional use in the Highway Business (HB), Light Industrial (LI), or Heavy Industrial (HI) Zoning Districts may only be expanded, repaired, reconstructed, or restored in accordance with the terms of this section. This division only applies to the HB, LI, or HI Zoning Districts.
5.7.2 Change of use. A nonconforming religious or civic institutional use shall not be changed to any other nonconforming use. Once a nonconforming religious or civic institutional use in the HB, LI, or HI Zoning District has ceased operation or has been discontinued for a period of 12 months or longer, it shall only be replaced with a conforming use.
5.7.3 Expansion and enlargement. Except in accordance with this division, a nonconforming use shall not be enlarged, intensified, or expanded in area occupied. An existing nonconforming religious or civic institutional use may be enlarged or expanded into any portion of the structure in which it is located. An existing nonconforming religious or civic institutional use in the HB, LI, or HI Zoning District may expand or enlarge an existing structure, or add new structures on the property.
5.7.4 Continuation. Preexisting nonconforming religious or civic institutional uses in the HB, LI, or HI Zoning Districts may continue in existence indefinitely and such nonconforming uses may be expanded and the structures housing such uses may be expanded, repaired, reconstructed, or restored in conformance with the provisions of this section. Nonconforming structures may not be expanded.
A nonconforming religious or civic institutional use in the HB, LI, or HI Zoning District shall not be reestablished after the use is discontinued on the property for a period of 12 months 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 prior to the use being interrupted on the property and provided the renovation is completed within 12 months from its commencement and the use is re-established within 30 days from the time the renovation is completed as evidenced by a certificate of occupancy. Failure to either complete the renovation within 12 months from its commencement or reestablish the use within 30 days following renovation shall constitute discontinuance, and a nonconforming use shall not be reestablished.
If a nonconforming religious or civic institutional use ceases using the property, a different religious or civic institution may resume the use on the property and operate as a nonconforming use, provided such new nonconforming activity is commenced within 12 months of the discontinuance of the use by the prior nonconforming religious or civic institutional use.
A preexisting nonconforming religious or civic institutional use in the HB, LI, or HI Zoning District may add accessory uses or structures, provided such uses or structures comply with the ordinance and all appropriate state and local laws and regulations and are appropriately permitted.
New cemeteries are not permitted as accessory uses for nonconforming religious or civic institutional uses in the HB, LI, or HI zoning district.
5.7.8 Reconstruction or restoration after casualty damage. In the event a structure housing a nonconforming religious or civic institutional use in the HB, LI, or HI Zoning Districts is damaged or destroyed by any means, the nonconforming use may be reestablished provided a building permit for such repair or restoration is obtained within one year of the damage or destruction.
(Ord. TA.24.02, passed 4-4-2024)