Sec. 9-3-23   Continuing nonconforming uses of land.
   1.   Extension of use. The enlargement or extension of nonconforming uses of land are discouraged; however, a nonconforming use of land may be enlarged or extended once with the following provisions:
   a.   An application for a special use permit must be filed with the Board of Adjustment and a public hearing held. The application shall include a site plan with sufficient detail of the expansions and any alterations to be made.
   b.   Enlargement or alterations may not exceed twenty-five percent (25%) of the original floor area existing at the time of enactment of this chapter.
   c.   No nonconforming use may be enlarged or altered if the intensity of the current use will be increased substantially, as determined by the Board of Adjustment. In determining whether the degree of intensity is increased, the Board of Adjustment shall consider:
   (1)   Probable traffic increase of each use.
   (2)   Parking requirements of each use.
   (3)   Probable number of persons on the premises at a time of peak demand.
   (4)   Off-site impacts of each use, such as noise, glare, dust, vibration, or smoke and other impacts on surrounding properties or public health and safety.
   d.   No such nonconforming use shall be moved in whole or in part to any portion of the lot other than occupied at the time of enactment of this chapter.
   e.   Changing from one nonconforming use to another shall not permit expansion more than once.
   f.   All dimensional requirements of the district in which the nonconforming use is located must be met.
   2.   Change of use. Any nonconforming uses of land may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district in question.
   3.   Cessation of use. When a non-conforming use of land is discontinued for a consecutive period of one hundred eighty (180) days the property involved may thereafter be used only for conforming purposes. (Ord. of 12-7-04, No. 37-02; Ord. of 6-21-21, No. 41-21)