(A) General. Nonconforming uses are declared generally incompatible with the permitted uses in the zoning district in which they are located and with the provisions of this chapter. Nonconforming uses shall be subject to the standards in this section.
(B) Change of use. A nonconforming use shall not be changed to any other nonconforming use. Once a nonconforming use has ceased operation or has been discontinued for a period of 180 days or longer, it shall only be replaced with a conforming use.
(C) Expansion and enlargement. Except in accordance with this section, a nonconforming use shall not be enlarged, expanded in area occupied or intensified. An existing nonconforming use may be enlarged into any portion of the structure where it is located provided the area proposed for expansion was designed and intended for such use prior to the date the use became a nonconformity.
(D) Discontinuance. A nonconforming use shall not be reestablished after discontinuance for a period of 180 consecutive calendar days or more. An effort to renovate the structure housing the use is not considered a vacancy, abandonment, or discontinuance, provided all appropriate development approvals are obtained, and provided the renovation is completed within 180 days from its commencement, and the use is re-established within 30 days from the time the renovation is completed. Failure to complete the renovation within 180 days or reestablish the use within 30 days following renovation shall constitute discontinuance, and a nonconforming use shall not be reestablished in the structure.
(E) Accessory uses. Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operation within 180 days.
(1) Reestablishment after casualty damage; destruction or damage beyond 60% of value. If a structure housing a nonconforming use is destroyed or damaged, by any means, to an extent greater than 60% of its current assessed tax value, the nonconforming use may not be reestablished following reconstruction.
(2) Damage of 60% of value or less. If the amount of damage is 60% or less of the current assessed tax value, the nonconforming use may be reestablished if a building permit is obtained within 180 days following the casualty damage and the restoration of the structure housing the nonconforming use is completed within one year of obtaining the building permit.
(Ord. passed 6-21-21)