(a) Where, on the effective date of adoption or amendment of this Zoning Code, lawful use of land exists that is made no longer permissible under the terms of this Zoning Code as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Zoning Code.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or amendment of this Zoning Code.
(b) No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use of the structure to a use permitted in the district in which it is located.
(c) Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy and land outside such building.
(d) A nonconforming use may be changed to another nonconforming use of equal or less nonconformity, subject to the prior approval of the Zoning Board of Appeals following a public hearing as required by Section 1244.07 of this chapter. The Zoning Board of Appeals may approve such change only if it complies with all of the following standards:
(1) The proposed use is comparable to or more conforming than the existing use in terms of its operations and compatibility with the character of the area in which it is located;
(2) The proposed use does not increase the degree of nonconformity existing prior to such change of use;
(3) No structural alteration of the existing structure will be required to accommodate the new use.
(4) In permitting such change, the Zoning Board of Appeals may require conditions and safeguards in accordance with the purpose and intent of this Zoning Code.
(e) The operations associated with a nonconforming use shall not be changed so as to create or increase noise, smoke, dust or other adverse effects.
(f) A nonconforming use located in a conforming building or structure shall not be re-established if the building or structure is damaged by fire, wind, act of God or other calamity to the extent that the replacement cost of the building or structure exceeds 60% of the fair market value of the building or structure prior to such damage or destruction. The fair market value shall be as determined by the Community Development Director or their agent.
(1975 Code § 5.117) (Ord. 500. Passed 5-7-13.)