The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following:
(a) Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing at the time of enactment of this Zoning Code, may be continued. However, if any such nonconforming use is voluntarily discontinued for a period of six (6) months or more, any future use of such land shall be in conformity with this Zoning Code.
(b) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to the Planning and Zoning Commission, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such tax parcel has been under the same ownership for not less than two (2) years.
(3) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(4) No expansion shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Commission.
(c) Substitution. On approval of an appeal to the Planning and Zoning Commission, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to the Planning and Zoning Commission, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such tax parcel has been under the same ownership for not less than two years.
(3) Such substitution is compatible with adjacent land use, adjacent zoning, an to appropriate plans for the area.
(4) No substitution shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Commission.
(d) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half (1/2) of its fair value, and provided such reconstruction is started within twelve (12) months of such calamity and is continued in a reasonable manner until completed.
(Ord. 41-01. Passed 8-20-01.)