(a) Where, at the effective date of adoption or amendment of this code, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this code as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this Chapter.
(b) No nonconforming use of a lot or nonconforming use of a structure shall be enlarged or increased or extended to occupy a greater area of the lot or structure than was occupied at the effective date of adoption or amendment of this code, unless the Board of Zoning Appeals, after public hearing, interprets that the enlargement or extension is necessitated by the natural expansion and growth of the nonconforming use. Any such enlargement or expansion shall conform to the area, height, and yard requirements of the zoning district in which it is located.
(c) Upon authorization by the Board of Zoning Appeals, a non-conforming use may be changed to another equal or less intense non-conforming use.
(d) Once a nonconforming use has been changed or converted to a conforming use, the nonconforming use shall not be re-established.
(e) When a nonconforming use is discontinued for twelve (12) months, abandonment is presumed, and the nonconforming use shall not be re-established. Any future use of the land, buildings, or structures shall conform and be in accordance with all applicable rules, regulations, and requirements of the particular zoning district wherein the property is located. Abandonment of a nonconforming use shall be presumed if one (1) or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:
(1) When the intent of the owner to discontinue the use is apparent.
(2) Utilities, such as water, gas, and electricity to the property have been disconnected.
(3) The property, buildings, and grounds have fallen into disrepair as evidenced by proper code violation documentation.
(4) When the nonconforming use has been replaced by a conforming use.
(5) When the nonconforming use has been changed to a use permitted by conditional use by the Board of Zoning Appeals; or
(6) The business license issued by the City of Dunbar has expired and has not been renewed.
(f) The Zoning Officer shall be responsible for preparing a list of all nonconforming uses existing at the time of the legal enactment of this code and such list shall be maintained for public use and information.
(Ord. 785. Passed 9-16-19.)