A nonconforming use is a use of land, buildings or structures that was lawfully established prior to the effective date of this Unified Development Ordinance, or any amendment thereto, but which does not conform to the regulations for the zoning classification in which it is located. Nonconforming uses may be continued subject to the limitations noted herein. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a nonconforming manufactured home park for 90 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or manufactured home park as a whole is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.
(A) Expansions: no nonconforming use shall be extended, expanded, enlarged or moved to occupy a different or greater area of land, buildings or structures than was occupied by such use at the time it became nonconforming; provided, however, a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.
(B) No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered unless such building or structure is thereafter devoted to a conforming use; provided, however, such building or structure may be enlarged or extended upon prior authorization from the Board of Adjustment, which authorization shall not be granted unless the Board of Adjustment makes each of the following findings of fact.
(1) The proposed enlargement or extension shall be minor or insignificant in relation to the existing building or structure.
(2) The proposed enlargement or extension shall not increase the intensity of the nonconforming use, which is to say, it will not result in an increase in dwelling units for a residential use nor in gross floor area for a nonresidential use.
(3) The proposed enlargement or extension is designed so that it will not render the use of the property any less compatible than it is in its existing circumstances.
(4) The authorization of such proposed enlargement or extension is not otherwise contrary to the public health, safety or welfare.
(C) (1) A nonconforming use of a structure may not be changed to another nonconforming use unless such change is authorized by the Board of Adjustment. In order to authorize a change in nonconforming use, the Board of Adjustment shall consider the relative impacts of the existing nonconforming use and the proposed nonconforming use with regard to traffic, noise, pollution, visual appearance and compatibility with the neighborhood, and shall make each of the following findings.
(a) The proposed use is expected to result in impacts which are less than those associated with the existing use.
(b) The proposed use will be more compatible with the surrounding neighborhood than is the existing use.
(c) Approval of the change in nonconforming use serves the public health, safety and general welfare.
(d) Failure to approve the change in nonconforming use would result in a hardship to the owner of the property on which the nonconforming use is situated.
(2) An existing nonconforming use shall be discontinued within 60 days of the date of approval of a change in nonconforming use. Subsequent to that time, such existing use shall become unlawful.
(D) Where a nonconforming use ceases for 90 consecutive days, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of this Unified Development Ordinance. Vacancy and non-use of the building or structure, regardless of the intent of the owner, shall constitute discontinuance under this provision.
(E) When a structure or operation made nonconforming by this Unified Development Ordinance is vacant or discontinued on September 6, 2012, the 90-day period for purposes of this section begins to run on September 6, 2012.
(F) Where a building or structure devoted to a nonconforming use is damaged to the extent of 50% or more of its current value, such building or structure, if restored, shall thereafter be devoted to conforming uses.
(Ord. eff. 9-6-2012, § 8.2; Am. Ord. 21-1, passed 9-17-2020)