(A) Nonconforming uses. Where a use was lawful on the effective date of the adoption of this UDO but is no longer permissible under the terms of this UDO as enacted or amended, such use may be continued so long as it otherwise remains lawful and subject to the following provisions:
(1) No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this UDO.
(2) No nonconforming use shall be enlarged, increased, or expanded to occupy a greater area of land than was occupied on the effective date of adoption or an amendment of this UDO.
(a) If a nonconforming use is discontinued for the time periods in this section, such discontinuance constitutes prima facie evidence that the nonconforming use has been abandoned and the nonconforming use must be terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. A period of discontinuance caused by acts of god are not included in calculating the length of discontinuance or abandonment for this section.
(b) When a nonconforming use is offered for sale, such sale period is not included in calculating the length of discontinuance for this section so long as all equipment, building design, and similar use infrastructure is maintained in working condition during the sale period. However, when land upon which a nonconforming use is located is offered for sale, but the nonconforming use is not also offered for sale, such sale constitutes prima facie evidence of abandonment of the nonconforming use and the period will be included in calculating the length of discontinuance.
(c) The following periods of discontinuance constitute abandonment:
I. Nonconforming use within an enclosed structure: Discontinued or abandoned for 24 months.
II. Nonconforming use on a lot, no structures: Six months.
(3) Nonconforming use of structure. If a lawful use of a building or structure, or of building or structure and premises in combination, existed on the effective date of adoption of this UDO that would not be allowed in the district under the terms of this UDO, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: No existing building or structure devoted to a use not permitted by this UDO in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(4) Any nonconforming use may be extended throughout any parts of a building or structure that were manifestly arranged or designed for such use at the time of adoption or amendment of this UDO, but no such use shall be extended to occupy any land outside such building.
(5) Any building or structure, or building or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(6) When a nonconforming use of a building or structure, or building or structure and premises in combination, is discontinued or abandoned for six consecutive months, the building or structure, or building or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(7) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 2021-05-15, passed 5-3-2021)