§ 1-19-4.230. NONCONFORMING USES.
   (A)   A nonconforming use is a use which legally exists on January 24, 1977 or at the time of amendment of this chapter but that does not comply with the regulations of the district in which it is located. Nonconforming uses are incompatible with permitted uses in the same district and will not be modified or enlarged, except with the approval of the Board of Appeals.
   (B)   The Board of Appeals may grant an approval to change a nonconforming use to another nonconforming use where a specific finding is made that:
      (1)   No structural alterations are made;
      (2)   The proposed use is more appropriate to the district; and
      (3)   A nonconforming use will not be changed to a use considered less appropriate to the district;
   (C)   The Board of Appeals may grant an approval to expand a nonconforming use. Expansion is limited to the lot that exists on January 24, 1977. Additional acreage or dwelling units will not be added to expand a nonconforming use.
   (D)   The Board of Appeals may impose conditions within the scope of this chapter on the granting of an approval within this section.
   (E)   A nonconforming use which has ceased for one year or more shall be void and have no further status.
   (F)   The casual, temporary or illegal use of land does not establish the existence of a nonconforming use.
   (G)   Existing mobile home parks.
      (1)   A mobile home park which existed on January 24, 1977 may continue in existence under the rules and regulations then in effect.
      (2)   A mobile home located in an existing mobile home park on the effective date of this section may be replaced by another mobile home no larger than 840 square feet in size.
      (3)   No increase in the number of units or parcel size of any existing mobile home park will be allowed except as provided in § 1-19-10.600.2, Mobile home parks.
(Ord. 77-1-78, § 40-42(C), 1-24-1977; Ord. 05-30-391, passed 11-15-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)