A nonconforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(a) Change or Substitution to Another Nonconforming Use. A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless:
(1) The Board of Zoning and Building Appeals finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code and when made a part of the terms under which the change is granted.
A. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
B. Whenever a nonconforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a nonconforming use. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.
C. Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Zoning Code.
(2) An application is filed with the Board of Zoning and Building Appeals and such application includes payment of the fee established by the City.
(b) Land Occupied by Nonconforming Use.
(1) Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming, unless otherwise specified.
(2) Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.
(c) Structures Occupied by Nonconforming Use.
(1) Extension of Nonconforming Use within Building. A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.
(2) Expansion of Building(s). No such building shall be enlarged, altered, or expanded to increase the nonconforming use, and no additional structures shall be constructed in connection with such nonconforming use unless the Board of Zoning and Building Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Board of Zoning and Building Appeals shall consider the following:
A. Hours of operation;
B. Volume and type of sales;
C. Type of processing activity;
D. Nature and location of storage;
E. Traffic generation by volume, type, and characteristics;
F. Parking and loading characteristics; and,
G. Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Reconstruction of a Building Occupied by a Nonconforming Use. Except as provided for in (4) below, no building or structure occupied by a nonconforming use shall be reconstructed except when the use is changed to a use permitted in the district in which it is located, or upon prior approval of the Board of Zoning and Building Appeals and the Board determines that the proposed improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent uses.
(4) Damage or Destruction. Any building or structure containing a nonconforming use, which has been damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if such reconstruction is done within twelve (12) months of such calamity, unless damaged for more than fifty percent (50%) of its fair market value, as determined by the Board of Zoning and Building Appeals at the time of such damage. If damage is more than fifty percent (50%), the Board shall have the right to permit or refuse continuance of the nonconforming use on the basis of its degree of nuisance to the surrounding areas.
(d) Discontinuance of Use. Whenever a nonconforming use of a building, part of a building, lot or part of a lot is discontinued for six (6) months, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.
(Ord. 2010-059. Passed 3-7-11.)