Where a lawful use of land involving individual structures with a replacement cost of $1,000, or more, or of structure and land in combination, exists at the effective date of adoption of this chapter, that would not be allowed in the zoning district under the terms of this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) Any non-conforming use may be extended throughout any part of a building or area which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building or area.
(B) (1) Any structure in any zoning district devoted to a use made non-conforming by this chapter may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height and parking requirements of the zoning district in which it is located; provided, such construction shall be first approved by the Board and shall be limited to buildings on land owned on record by the owner of the land devoted to the non-conforming use prior to the effective date of this chapter.
(2) Such structural alteration or enlargement shall not authorize the substitution of a non- conforming use that is less restrictive than the one to which the structure was devoted at the time of passage of this chapter.
(C) (1) A non-conforming use of a structure may be changed to another non-conforming use of a similar nature within the same or a more restrictive classification with approval of the Board of Adjustment.
(2) Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
(D) In the event that a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of one year, the use of the same shall thereafter conform to the uses permitted in the zoning district in which it is located. Where non-conforming uses status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non- conforming status of the land.
(E) Any structure devoted to a use made non-conforming by this chapter that is destroyed by any means to an extent of 60% or more of its replacement cost at the time of destruction, exclusive of the foundations, shall not be reconstructed or used as before such happening. If the structure is less than 60% destroyed above the foundation, it may be reconstructed and used as before provided construction is begun within six months of such happening, and provided it is built of like or similar material.
(Ord. passed - -2010)