The lawful nonconforming use of a dwelling, building, structure, or lot may be continued, expanded, substituted, changed, or re-established subject to the following provisions:
(a) Continuation. A lawful nonconforming use shall only be continued, expanded, substituted, changed, or re-established within the same zoning district in which it is located.
(b) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on application to the Planning and Zoning Board, in the manner prescribed by the Board,, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of adoption or amendment of this Planning and Zoning Code;
(2) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and,
(3) No expansion shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Board.
(c) Substitution. On application to the Planning and Zoning Board, in the manner prescribed by the Board, a lawful nonconforming use may be changed to another lawful nonconforming use of the same or more restricted classification, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of adoption or amendment of this Planning and Zoning Code;
(2) The nonconforming use occurs on a lot that has been under the same ownership for at least the previous two (2) years;
(3) Such substitution is harmonious with the general objectives of this Planning and Zoning Code; and,
(4) No substitution shall be requested within two (2) years of the last previous substitution as approved by the Planning and Zoning Board.
(d) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and re-established, provided that the restoration or reconstruction of the structure is commenced within twelve (12) months of the time of damage, and that such restoration or reconstruction would not extend or expand the existing use.
(Ord. 19-20. Passed 11-4-20.)