(a) A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance. The extension of a lawful nonconforming use throughout all portions of a building or structure existing at the effective date of this Ordinance shall not be considered an extension of the nonconforming use.
(b) No part of any nonconforming use shall be moved unless that movement eliminates or reduces the nonconformity.
(c) If a nonconforming use is abandoned for any reason for a period of more than twelve (12) months, any subsequent use shall conform to the requirements of this Ordinance. A nonconforming use shall be determined to be abandoned if one (1) or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
(1) Utilities, such as water, gas and electricity to the property, have been disconnected;
(2) The property, buildings, and grounds, have fallen into disrepair;
(3) Signs or other indications of the existence of the nonconforming use have been removed;
(4) Equipment or fixtures necessary for the operation of the nonconforming use have been removed;
(5) Other actions which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.
(d) A nonconforming use may be changed to another nonconforming use provided all the following determinations are made by the Zoning Administrator:
(1) The proposed use shall be as, or more, compatible with the surrounding neighborhood than the previous nonconforming use, considering factors such as hours of operation, traffic, noise, number of employees or visitors and similar external impacts.
(2) The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than the previous nonconforming use.
(3) That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this Ordinance.
(e) A nonconforming use which is changed to a conforming use or to another nonconforming use of a more restrictive nature shall not be permitted to revert to the original or less restrictive use.
(f) Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses and similar open uses, where the only buildings on the property are ancillary to the open use and where the use is nonconforming, shall be subject to the following restrictions, in addition to all other applicable provisions of this chapter.
(1) When a nonconforming open use of land has been changed to a conforming use, it shall not be used again for any other nonconforming use.
(2) Nonconforming open uses of land shall only be converted to a conforming use.
(3) A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.
(g) When any nonconforming open use of land is discontinued for a period of more than six (6) months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(Ord. 4-21. Passed 1-4-21.)