Nonconforming uses may be continued, enlarged, or expanded in accordance with the following provisions:
(A) Continuance.
(1) A legal nonconforming use of any structure may be continued, although such use does not conform to the provisions of this subchapter.
(2) Such use may be extended throughout the structure, provided that no structural alterations or additions to the structure are made.
(B) Enlargement or expansion. A conforming structure in which a nonconforming use is operated shall not be enlarged or expanded unless approved by the Zoning Board of Appeals, except as required by law or to comply with an order of the Building Official.
(C) Change of use regulations.
(1) Changes to conforming uses. Any nonconforming use may be changed to a use conforming with the regulations established for the district in which the nonconforming use is located, provided, however, that a nonconforming use so changed shall not in the future be changed back to the former nonconforming use.
(2) Changes to other nonconforming uses. Changes to other nonconforming uses shall be prohibited. The Zoning Board of Appeals does not have the authority to grant use variances.
(3) Approval standards. The Zoning Board of Appeals shall only approve the enlargement or expansion of an existing conforming structure for a nonconforming use if it makes findings in support of each of the following.
(a) The expansion will not be contrary to the public interest.
(b) The expansion will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.
(c) The expansion will be in harmony with the spirit and purpose of these regulations and the master plan goals, objectives and policies.
(d) The plight of the applicant for which the expansion is sought is due to unique circumstances existing on the property and/or within the surrounding district.
(e) Approval of the expansion will not substantially weaken the general purposes of this section or the regulations established in this chapter for the applicable zoning district.
(f) The expansion shall not require more off-street parking and loading space than the former nonconforming use unless additional adequate off-street parking and loading space is provided for the increment of the expansion as if the increment were a separate use.
(g) The expansion shall conform to all regulations and standards established this chapter.
(h) The expansion will not adversely affect the public health, safety and welfare.
(Ord. 160, passed 4-21-2022)