If lawful use involving individual structures, land, or of structures and land in combination, exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter 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 permitted in the district in which it is located.
(B) Any non-conforming use may be extended throughout any parts of a building that were arranged or designed for the use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside the building.
(C) If no structural alterations are made, any non-conforming use of a structure or structure and land in combination may be changed to another non-conforming use; provided that the staff shall make specific findings that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. The staff or applicant may refer the determination to the Board, which then may make the findings and deem the use to be a conditional use to the terms of this chapter. In permitting the change, the Board may require appropriate conditions.
(D) Any structure or structure and land in combination in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district, and the non-conforming use may not thereafter be resumed.
(E) When a non-conforming use of a structure, land, or a structure and land in combination is discontinued or abandoned for 12 consecutive months, or governmental action impedes access to the premises, the structure, land or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(F) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this section is defined as damage to an extent in real value of more than 75% of its true value.
(G) Any non-conforming use of a structure which has not been abandoned, destroyed, expanded or damaged to the extent described above shall continue to be legally non-conforming even though it fails to comply with the development standards of this chapter, including parking, setbacks or other site conditions. The occupancy of the non-conforming structure may be changed without jeopardizing its legal non-conforming status; except that, if the new use requires more parking or loading area than the previous use, the new use shall comply with the requirements of §§ 152.125 through 152.132, unless a variance from the development standards is granted by the Board in accordance with this chapter.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)