(A) A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of this chapter.
(B) No part of any nonconforming use shall be moved, unless such movement eliminates the nonconformity.
(C) If a nonconforming use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this chapter. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
(1) Utilities, such as water, gas and electricity to the property, have been disconnected;
(2) The property, buildings and grounds have fallen into disrepair;
(3) Signs or other indications of the existence of the nonconforming use have been removed;
(4) Equipment or fixtures necessary for the operation of the nonconforming use have been removed; or
(5) Other actions, which in the opinion of the Director of Public Works, constitute an intention of (on) the part of the property owner or lessee to abandon the nonconforming use.
(D) A nonconforming use may be changed to another nonconforming use provided all of the following determinations are made by the Zoning Board of Appeals:
(1) The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous nonconforming use;
(2) The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building than the previous nonconforming use; and
(3) That appropriate conditions and safeguards are provided to ensure compliance with the intent and purpose of this chapter.
(Ord. effective 11-29-2013)