If a lawful use exists, involving individual structures with a reasonable fair market value of $1,000 or more, or of structure and premises in this chapter, that would not be allowed in the district under the terms 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 nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment to this chapter, but no such use shall be extended to occupy any land outside the building;
(C) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a conditional use be changed to another nonconforming use, provided the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district then the existing nonconforming use. In permitting the change, the Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter;
(D) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(E) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months 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; and
(F) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. DESTRUCTION, for the purpose of this division (F), is defined as damage to an extent of more than 50% of the reasonable fair market value at the time of destruction.
(Ord. O-95-2-12, passed 2-9-2012)