(A) General. Non-conforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this chapter. Non-conforming uses shall be subject to the standards in this section.
(B) Change of use. A non-conforming use shall not be changed to any other non-conforming use. Once a non-conforming use has ceased to operate or 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 non-conforming use shall not be enlarged, expanded in area occupied or intensified. An existing non-conforming 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 non-conformity. Such expansion may only be authorized through the review and approval of a site plan.
(D) Discontinuance. A non-conforming use shall not be re-established after discontinuance for a period of 180 consecutive calendar days or more. Efforts to renovate or repair the use are not considered a vacancy, abandonment or discontinuance; provided, all appropriate development approvals are obtained and provided the renovation or repair is completed within 180 days from commencement or repair or renovation, and the use is re-established within 30 days from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within 180 days or re-establish the use within 30 days following repairs or renovation shall constitute discontinuance and a non-conforming use shall not be re-established.
(E) Accessory uses. Once a non-conforming principal use is discontinued, all associated accessory uses shall cease operations within 30 days.
(F) Reconstruction after casualty damage.
(1) Destruction or damage beyond 50% of tax value.
(a) In the event a structure housing a non-conforming use is damaged or destroyed, by any means, to an extent more than 50% of its structural replacement cost (tax value) at the time of damage or destruction, shall only be restored in a manner that conforms with the provisions of this chapter.
(b) New construction (including the establishment of off-street parking, landscaping, signage and other site features) shall be in accordance with the requirements of this chapter.
(2) Damage of 50% or less of tax value.
(a) In the event a structure housing a non-conforming use is damaged or destroyed, by any means, to an extent of 50% or less of its structural replacement cost (tax value) at the time of damage or destruction, it may be re-built to its previous form if a building permit for such repair or restoration is obtained within 180 days of the casualty damage and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
(b) In no event shall repair or restoration increase the degree of non-conformity.
(Ord. passed 3-5-2018)