The following provisions shall apply to all non-conforming uses.
(A) A non-conforming use of land or structure, or both in combination, may be continued, but may not be extended, expanded, or changed, unless to a conforming use, except as specified herein, or as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter.
(1) Any use existing in any Floodway Overlay or Floodway Fringe Overlay District at the time of adoption of this chapter which is not in accordance with the standards and regulations specified herein may be expanded or enlarged; provided such modification does not increase the value of the use by more than 40% of its pre-improvement market value (excluding the value of the land). Prior to the issuance of all local permits, such modification must be reviewed and approved by the State Department of Natural Resources.
(2) A non-conforming residential use may be expanded, subject to the approval of a special exception by the Board of Zoning Appeals. In reviewing petitions, the Board shall, in addition to other criteria, consider the following:
(a) The number of times a home may be expanded shall be limited to once, unless special circumstances warrant; and
(b) Expansions which would significantly increase the market value of the home shall be discouraged unless special circumstances warrant. As a general guide, the Board shall consider an increase of 40% over the preimprovement market value as being a significant increase.
(B) An existing non-conforming use which occupies only a portion of an existing structure may be extended throughout such structure; provided such change or extension does not eliminate, displace, prevent, or restrict the continuance of any then existing use being concurrently carried on in the structure which conforms with the requirements of this chapter.
(C) (1) If no structural alterations are made, any non-conforming use of a structure, or structure and land, may be changed to another non-conforming use; provided that the Board of Zoning Appeals approves of such change as a special exception.
(2) In reviewing specific cases, the Board shall only approve a proposed use if it is equally appropriate, or more appropriate, to the district than the existing or former non-conforming use. In addition, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(D) If any non-conforming use of land, or structure, or both, in combination ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located, unless after this time period has elapsed a use is approved as a special exception by the Board of Zoning Appeals.
(E) Whenever a non-conforming use has been changed to a conforming use, it shall not thereafter be changed again to a non-conforming use, unless permitted by the Board of Zoning Appeals in accordance with the use variance procedure.
(F) There shall be no expansion whatsoever of a non-conforming junkyard to cover a greater land area than what was covered on the effective date of this chapter.
(G) An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of buildings, structures, and land area devoted to such use shall be subject to special exception approval by the Board of Zoning Appeals.
(Prior Code, § 153.115) (Ord. 93-02, passed 2-1-1993)