Where, at the time of adoption of this Code, lawful uses of land or structures exist that would not be permitted by the regulations of this Code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this Code unless it complies with the provisions of Subsection 1181.03(e) Expansion of a Nonconforming Use.
(b) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Code.
(c) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this Code and the applicable zoning district.
(d) Change or Substitution of Nonconforming Use.
(1) The lawful use of an existing building or structure can be continued, although such use does not conform to the provisions of this Code. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted use (as determined by the Code Enforcement Officer) or to a conforming use.
(2) Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(e) Expansion of a Nonconforming Use.
(1) Notwithstanding the foregoing provisions to the contrary, a structure containing a nonconforming residential use may be increased or improved, regardless of the applicable zoning district, provided the structure continues to be used for residential purposes only.
(2) Notwithstanding the foregoing provisions to the contrary, a structure containing a nonconforming, nonresidential use, may be increased or improved, regardless of the applicable zoning district, where the owner of such use can demonstrate through application to the BZBA that the manner in which the useable area of the nonconforming use will be increased or improved will have minimal adverse impact upon adjacent properties and other permitted land uses in the surrounding neighborhood or can be made compatible with the adjacent properties and the uses in the surrounding neighborhood upon compliance with specified conditions.
(3) Variances to expand a nonconforming use into a required setback or to otherwise vary a regulation that applies to the subject site shall be prohibited.
(4) The BZBA shall review a request to expand a nonconforming use pursuant to the variance procedure in Subsection 1165.08(d)(4) Sign Variance, and shall be subject to the review criteria of this section.
(f) Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval by the planning commission in accordance with this chapter and Section 1165.07 Conditional Use Permit. Such use, provided it is conditionally permitted in the applicable district, shall not be considered a nonconforming use.
(g) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance. A nonconforming use which is discontinued for a period of one year shall not again be used except in conformity with the regulations of the district in which it is located (unless the same is in litigation and the litigation has started within the first 12 months).
(2) Termination of Use by Damage or Destruction.
A. If a nonconforming single-family residential use in a nonresidential district is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot. Such reestablishment of the use shall require the issuance of a zoning permit.
B. If a nonconforming, nonresidential use in a residential district is damaged, but not to an extent greater than 50% of the principal structure's value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a zoning permit.
C. If a nonconforming, nonresidential use in a residential district is damaged beyond 50% of the principal structure's value, such structure and use may only be reestablished with approval by the BZBA after consideration of surrounding uses and the impact of the nonconforming use.
(h) Exceptions for Existing Industries. Nothing in this Code shall prohibit the expansion of present industries at the same or adjoining properties (including across streets), provided that the land classification is the same as that of the industry, and that setback and yard dimensions are not less than those in existence around the original property at the time of enactment of this Code. Lesser yard requirements for expansion of existing industries shall be determined, upon application, by the BZBA. (Ord. 7675. Passed 11-11-14.)