(a) Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure, may be continued, so long as otherwise lawful, subject to the restrictions of Chapter 1117.
(b) A nonconforming use may be changed to another nonconforming use only by the Board of Zoning Appeals, provided that the Board of Zoning Appeals finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Ordinance, which if violated are punishable under Section 1115.01 of this Zoning Ordinance.
(c) Except as hereinafter specifically provided, or except when otherwise required by law, a nonconforming use shall not be enlarged, extended, reconstructed or structurally altered.
(1) The Board of Zoning Appeals may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent not exceeding twenty-five percent (25%) of the ground floor area of the existing building or buildings devoted to a nonconforming use at the time of enactment of this Zoning Ordinance or at the time of its amendment making a use nonconforming. The Board of Zoning Appeals shall not authorize any enlargement which would result in a violation of the provisions of this Zoning Ordinance with respect to any adjoining premises, or which would occupy ground space required for meeting the yard setback or other requirements of this Zoning Ordinance.
(2) The Board of Zoning Appeals may authorize the expansion of nonconforming uses not involving a structure or building at the effective date of this Zoning Ordinance or the date of any amendments making such use nonconforming, provided that such extension is necessary and incidental to the existing properties and shall involve no structure or buildings.
(3) No Structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and the use thereof shall thereafter conform to the regulations of the district in which it will be located after being so moved. Moreover, no non-conforming use of land shall be relocated, in whole or in part, to any other location on the same or any other lot unless such Use shall thereafter conform to the regulations of the district in which it is located after being moved. A Zoning Permit shall be required prior to moving such structure.
(4) Repair and maintenance any structure devoted to a nonconforming use may be maintained, repaired, or structurally altered, provided, however, that no such maintenance, repair, or structural alteration shall either create any additional non-conforming use or any non-conformity or increase or extend the size, amount, quantity or degree of the existing nonconforming use.
(5) A nonconforming use shall be considered abandoned when there is intent either express or implied to cease the nonconforming use for a period of one (1) year. Abandonment may be evidenced by an overt act or failure to act indicating that the Owner has not been using the nonconforming use for said time period. A nonconforming use shall be considered replaced when either one of the following conditions exists:
A. When a nonconforming use has been changed to a permitted use in the applicable district.
B. When it has been changed to another nonconforming use under permit from the Board of Zoning Appeals.
A Nonconforming Use which has been replaced or abandoned shall not thereafter be returned to a Nonconforming Use.
(Ord. 02-13-2023. Passed 2-21-23.)