A lawful use involving individual structures, land, or of structures and land in combination, exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) Whenever a non-conforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a non-conforming use or a less restricted use, except upon approval of the Board of Zoning Appeals. Provided, however, that where a properly in an “M-l11 or “M-2" district conforms with requirements for off-street parking through the utilization of leased land at the time of the enactment of this chapter, the use of that property shall not be considered to have changed from conforming to non-conforming use by virtue of the loss of the right to the use of leased property for off-street parking purposes, until such time or unless additional property become available, in which event off-street parking requirements shall be met before other uses are established.
(B) A non-conforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.
(C) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this subchapter.
(D) The non-conforming use of land for storage purposes shall be discontinued within five years from the date of the adoption and approval of this subchapter, and the use of land for storage purposes which becomes non-conforming by reason of subsequent change in this code shall also be discontinued with five years from the date of change. In addition, an environmental remediation plan to restore the land shall be established prior to the termination of the non-conforming use and such plan must be implemented by the land owners or leaser of land at the termination of the non-conforming use.
(E) Whenever a non-conforming use has been discontinued for a period of one year such use shall not thereafter be established and any future use shall be in conformity with the provisions of this chapter.
(F) If no structural alterations are made to a structure or structure and land in combination, a nonconforming use may be changed to another nonconforming use, provided that the zoning administrator shall make specific findings that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. The determination of the zoning administrator may be referred by the applicant or the staff of the board of zoning appeals which may make the findings and require appropriate conditions and safeguards.
(G) When a nonconforming use of a structure, land, or a structure and land in combination is discontinued or abandoned for one year, or when governmental action impedes access to the premises, the structure, land, or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(H) If a nonconforming adult use or open use of land is discontinued for six continuous months or more, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.
(I) When a structure containing a nonconforming use is intentionally damaged by causes within the control of the owner, re-establishment of the nonconforming use is prohibited.
(J) The Board of Zoning Appeals may authorize, by written permit, in a residential district for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of such district.
(Ord. 09-0008, passed 4-27-2009)