§ 153.292  NON-CONFORMING USES.
   (A)   A non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than was occupied at the effective date of adoption or amendment of this chapter.
   (B)   No part of any non-conforming use shall be moved unless that movement eliminates or reduces the non-conformity.
   (C)   If a non-conforming use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this chapter. A non-conforming use shall be determined to be abandoned if one or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the non-conforming use:
      (1)   Utilities, such as water, gas and electricity to the property, have been disconnected;
      (2)   The property, buildings and grounds have fallen into disrepair;
      (3)   Signs or other indications of the existence of the non-conforming use have been removed;
      (4)   Equipment or fixtures necessary for the operation of the non-conforming use have been removed; and
      (5)   Other actions which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the non-conforming use.
   (D)   A non-conforming use may be changed to another non-conforming use provided all of the following determinations are made by the Zoning Board of Appeals.
      (1)   The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous non-conforming use, considering factors such as hours of operation, traffic, noise and similar external impacts.
      (2)   The proposed non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than the previous non-conforming use.
      (3)   That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this chapter.
   (E)   Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses and similar open uses, where the only buildings on the property are ancillary to the open use and where the use is non-conforming shall be subject to the following restrictions, in addition to all other applicable provisions of this subchapter.
      (1)   When a non-conforming use has been changed to a conforming use, it shall not be used again for any other non-conforming use.
      (2)   Non-conforming open uses of land shall only be converted to a conforming use.
      (3)   A non-conforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.
      (4)   When any non-conforming use is discontinued for a period of more than six months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(Prior Code, § 5.152)