Nonconforming uses may be continued, restored, reconstructed, substituted, extended or enlarged only as authorized by the Board of Zoning Appeals in accordance with the following requirements. When granting nonconforming use exceptions, the Board may prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in which the nonconforming use is located.
(a) Continuation. Any use of land existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was legally existing prior to the establishment of this Ordinance. No nonconforming use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in this Ordinance.
(b) Substitution. The Board of Zoning Appeals may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an "R" District, no change in use shall be authorized by the Board of Zoning Appeals unless the applicant clearly demonstrates that:
(1) The existing and proposed nonconforming uses were lawful at the time of enactment of this Ordinance, and
(2) Such substitution is generally compatible with adjacent land use and zoning patterns.
(c) Expansion/Extension. No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(1) The Board of Zoning Appeals may permit a lawful nonconforming use to be expanded within an existing structure manifestly arranged or developed for such use, provided the applicant clearly demonstrates that such expansion is necessary and incidental to the continuance of such lawful nonconforming use.
(2) The Board of Zoning Appeals may permit the expansion or extension of a nonconforming use of land, not involving the physical expansion of a building or structure, to an area consisting of one-hundred-twenty-five percent (125%) of the area enclosing the nonconforming use at the time of enactment of this Ordinance, provided such expansion occurs on the same lot as existing on the effective date of this Ordinance. In such cases, the applicant shall clearly demonstrate that the conditions in this Section have been met, that such expansion is necessary and incidental to the continuance of such lawful nonconforming use and that such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.
(d) Discontinuance. A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever either of the following conditions exist:
(1) When the use has been voluntarily discontinued for a period of six (6) months.
(2) When the nonconforming use has been replaced by a conforming use.
(Ord. 27-11. Passed 3-14-11.)