A use of structure or land, or structure and land in combination, existing lawfully on the effective date of this Zoning Code, or any amendment thereto, but which does not conform to the use regulations of the district in which it is located, is a nonconforming use. A nonconforming use may continue so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Alteration or reconstruction of a structure occupied by a nonconforming use. No structure occupied by a nonconforming use shall be reconstructed or structurally altered unless the use thereof is changed to a use permitted in the district in which the structure is located.
(b) Enlargement or expansion of nonconforming use of structures or land. A nonconforming use of a structure or land shall not be physically enlarged, expanded, or relocated to a part of the lot that was not occupied by the use at the time it became nonconforming.
(c) Change or substitution of use. A nonconforming use of a structure, structure or land shall not be changed or substituted to another nonconforming use unless the Board of Zoning Appeals, finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code to lessen or minimize the impact of the nonconforming use. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(d) Discontinuance of use. Discontinuance of the nonconforming use of a structure, part of a structure, lot or part of a lot for a continuous period of 12 months or longer shall constitute voluntary abandonment of such use and thereafter any use of the premises shall conform to the use regulations of the district in which the structure or lot is located.
(e) Damage or destruction. In the event a structure that is occupied by a nonconforming use is destroyed by any means to the extent of 60 percent or more of the total market value of the improvements, as currently listed by the Hamilton County Auditor, it shall not be rebuilt, restored or re-occupied for any use unless such use conforms to the use regulations of the district in which the structure is located.
(Ord. 2012-20, passed 4-17-2012)