(A) Definition. A NONCONFORMING USE is a use that was legally established but which is no longer allowed by the use regulations of the zoning district in which it is located.
(B) Expansion. A nonconforming commercial or industrial use shall not be enlarged or expanded unless one of the following conditions exists:
(1) Such expansion eliminates or reduces the nonconforming aspects of the situation; or
(2) The expansion is into a part of the building or structure that was lawfully and manifestly designed or arranged for such use, provided that no such expansions shall be allowed if displaces a conforming use.
(C) Change of use.
(1) A nonconforming use may not be changed to any use other than a use allowed in the zoning district in which it is located, provided that the Board of Zoning Appeals shall be authorized to approve a change to another nonconforming use in accordance with the special exception procedures of this chapter. In acting upon such requests, the Board of Zoning Appeals shall not be guided by the special exception approval criteria of this chapter, but rather shall approve the change of use only upon a finding that the new use will be less detrimental to adjacent property and general area than the existing nonconforming use.
(2) When a conforming use becomes nonconforming as result of a zoning map amendment initiated by the applicant, the nonconforming use shall then be removed prior to the issuance of a certificate of occupancy for the conforming use.
(D) Loss of legal nonconforming status.
(1) Abandonment. If a nonconforming use is replaced with another use or is discontinued for any reason for a period of more than 12 consecutive months or 18 months in cumulative total within any three-year period, the use shall be considered abandoned. Once abandoned, the use’s legal nonconforming status shall be lost and re-establishment of a nonconforming use shall be prohibited. Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.
(2) Damage or destruction.
(a) No nonconforming commercial or industrial use that is damaged by fire or any other cause shall be restored if the cost of the repair equals 50% or more of the use’s total physical replacement cost, which shall consist solely of labor and materials. Determination of physical replacement costs shall be made by the Director of Building Inspection. When such repairs are allowed to be made, they shall be in full compliance with the regulations of this chapter.
(b) A nonconforming residential use that is damaged by fire or any other cause may be restored. In such cases, the use may be re-established to the extent that existed before the time of damage, within the pre-existing structure boundaries (footprint and height), provided that the repairs or rebuilding do not increase the degree of nonconformity and provided that such repairs, restoration, or reconstruction begin within 12 months of the date of such damage.
(E) Accessory uses and structures. No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it complies with all regulations of this chapter.
(Ord. 2012-06, § 10.2, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)