(A) These regulations shall apply to any use of a structure or lot in any zoning district that is a nonconforming use as defined by this code.
(B) 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 code.
(C) Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use.
(D) 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.
(E) Once a nonconforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.
(F) When a nonconforming use is discontinued for 12 months, abandonment is presumed and the nonconforming use shall not be allowed to be re-established. If the property has been abandoned, then 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.
(G) Abandonment of a nonconforming use shall be presumed if one or more of the following conditions exists, indicating 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 as evidenced by proper code violation documentation;
(3) When it has been replaced by a conforming use;
(4) When it has been changed to a use permitted by conditional use by the Board of Zoning Appeals; or
(5) The business license issued by the city has expired.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999