A non-conforming use shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
(a) No non-conforming use shall be enlarged or extended; nor may the building it occupies be enlarged, extended or rebuilt so as to occupy a greater area of land than was occupied at the date of the adoption or amendment of this Zoning Ordinance. In addition, it may not be altered in any way that would extend or enlarge either the scope or the area of its operation.
(b) No non-conforming use shall be moved, in whole or in part, to a new location in the lot or parcel except by appeal to the Board of Adjustment under Section 7-6(c).
(c) When a non-conforming use is discontinued or abandoned, showing a gross lack of diligence in use for one (1) year or more (except when governmental action prevents such use); or when the use is halted for one (1) year or more because of damage, destruction, or demolition of the structure in which the use is located, the non-conforming use may not be resumed. In addition, once the non-conforming use status is lost, the land and/or structure shall not be used except in conformity with the regulations of the zone and applicable Infill and Redevelopment Area regulations in which it is located.
(d) When a non-conforming use is replaced by a permitted use, it shall then conform to the regulations for the zone in which it is located, and the non-conforming use may not be resumed.
(e) Any non-conforming use may be changed to another non-conforming use by appeal to the Board of Adjustment under Section 7-6(c), provided the proposed use is in the same or a more restrictive classification than the previous use. If the use is located in a building, no structural changes may be made to the exterior of the building.
(f) When a non-conforming use is halted because of damage, destruction or demolition of the structure in which it is located, the structure may be reconstructed or repaired, but not to exceed the number of square feet of floor area nor the number of cubic feet it contained prior to its damage or destruction.
(g) Any non-conforming use may be extended throughout any parts of a building that were arranged or designed for such use at the date of the adoption or amendment of this Zoning Ordinance; but in no instance shall a non-conforming use be extended to displace a conforming use nor to occupy land outside such building.
(Code 1983, § 4-3; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 129-2009 , § 8, 7-2-2009)