No existing building or premises devoted to a use not permitted by the Zoning Ordinance in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered to increase its nonconformity, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows:
(a) If no structural alterations are made, a nonconforming use of the same or of a more restricted classification. Notice of intention to change or substitute shall be filed with the Zoning Inspector and such substitution or change shall require a zoning certificate, issued in conformity with the requirements of Section 1135.03.
(b) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(c) When authorized by the Zoning Board of Appeals, the substitution for a nonconforming use of another nonconforming use, if no structural alterations, except those required by law or regulation, are made; provided, however, that in any B-1 or B-2 District no change shall be permitted to any use prohibited in an I-2 Industrial District Enlargement or Substitution: When authorized by the Planning Commission, in accordance with Section 1183.02 through 1183.09, a nonconforming use, that has not been discontinued as specified in Section 1183.03, may be enlarged and/or replaced by another nonconforming use.
Enlargement: When authorized by the Planning Commission, nonconforming buildings may be enlarged as long as the building meets all minimal yard requirements in the district in which it is located.
Additionally, all such extensions shall not exceed (50%) of the floor area of the structure existing at the time it became nonconforming. All such extensions on structures nonconforming because of use shall be made within five (5) years of becoming nonconforming. Extensions may be made on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)