If lawful use involving individual structures with a replacement cost of $3,000.00 or more, or of structures and land in combination, exists at the effective date of adoption or amendment of this
Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) The Commission may, at public hearing and following the notice procedures for use variance(s) set forth in Section 1173.04, authorize the expansion of a non-conforming structure or use a maximum of 2,000 square feet or up to twenty percent (20%) of the existing floor area, whichever is greater, where the Commission finds:
(1) That side and rear yards a minimum of ten (10) feet wide/deep will be maintained along lot lines abutting conforming uses; the Commission may require larger side or rear yards where necessary to effectively insulate abutting conforming uses from the non-conforming use.
(2) That landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, will be provided.
(3) That expansion of the non-conforming use will not have a substantial negative impact on the surrounding area; when determining whether the expansion will have a substantial negative impact, the Commission may consider, but is not limited to, the following:
A. Traffic patterns and generation, including on-site loading and unloading areas;
B. Parking;
C. Lighting;
D. Whether there will be a substantial increase in the generation of noise, vibrations, or fumes; and
E. Existing public services.
When considering whether to authorize the expansion, the Commission may consider any other factors it deems relevant.
(b) Any non-conforming use may be extended throughout any part of a building, which was manifestly arranged or designed for such use at the time of adoption, or amendment of this
Code, but no such use shall be extended to occupy any land outside such building.
(c) If no structural alterations are made, any non-conforming use of a structure or structure and land may, as a conditional use, be changed to another non-conforming use provided the Commission makes the following findings:
(1) That the proposed use is more appropriate and compatible with the neighborhood than the existing use;
(2) That there will be reduction in traffic if the existing use created a traffic problem.
In permitting such change the Commission may require appropriate conditions and safeguards that it deems necessary to protect and improve the neighborhood.
(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 all of the regulations for the district, and the non-conforming use shall not thereafter be resumed.
(e) When a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned intentionally or otherwise for a period of six (6) consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(f) A non-conforming structure or use more than fifty percent (50%) destroyed or removed by whatever means shall not be restored or replaced except by a conforming structure or use.
(Ord. 91-95. Passed 10-7-1996.)