Any lawful use of structures, land, or structures and land in combination established prior to the effective date of this chapter, as amended from time to time, that is no longer a permitted use in the district where it is located shall be deemed a legal nonconforming use. A legal nonconforming use may continue provided that it remains otherwise lawful, subject to the following conditions:
(A) Modification of structures. No existing structure devoted to a legal nonconforming use shall be enlarged, expanded, increased, extended, constructed, reconstructed, moved, or structurally altered except as to change the use of the structure to a use permitted in the district in which it is located, or as otherwise specified in this section.
(B) New structures. No new structure shall be constructed in connection with an existing legal nonconforming use of land.
(C) Expansion within structures. Any legal nonconforming use may be extended throughout any parts of an existing structure that were plainly arranged or designed for such use on or before the effective date of this chapter, as amended from time to time, but no such use shall be extended to occupy any land outside the structure.
(D) Expansion on the property. No legal nonconforming use of land shall be enlarged, increased, extended to occupy a greater area of land, or moved in whole or in part to any other portion of a lot that was occupied on or before the effective date of this chapter.
(E) Expansion of non-conforming residential use. A legal nonconforming single-family residence located in any commercial, industrial, or institutional zoning district may be expanded by up to 50% of the pre-expansion living area one time in any five calendar year period provided the expansion is for the purpose of continuing the residential use of the property. Required setbacks for the expansion shall be either those established by the zoning on the property, or those provided by the pre-expansion structure, whichever is less restrictive.
(F) Change of use (to another nonconforming use). If no structural alterations are made, it is possible to change a nonconforming use to another nonconforming use. Nonconforming uses may be changed to another nonconforming use (similar or dissimilar) with the approval of the Board of Zoning Appeals. In addition to the statutory criteria for acting on a development standards variance request, the Board may approve the change of use if it finds that the proposed use is equally or more appropriate to the district in which it is located than is the existing use. The Board shall consider development standards applicable to the proposed use established by this chapter and may make reasonable conditions pursuant to this chapter.
(G) Change in use (to a permitted use). When a legal nonconforming use is replaced by a permitted use, it shall thereafter comply with the regulations of the district in which it is located, and the legal nonconforming use may not be resumed.
(H) Discontinuation of use. If a legal nonconforming use is intentionally discontinued for six continuous months or longer, any subsequent use of such land, structure, or land and structure in combination shall comply to the provisions of this chapter, with the exception of uses that are required to be discontinued due to a governmental action that impedes access to the premises due to damage from fire, flood, other natural disaster. Such exempt uses, if restored, shall be identical in scale, lot coverage, and all other aspects to that which was discontinued.
(I) Nonconforming structures and land in combination. Where legal nonconforming use status applies to a structure and land in combination, an intentional removal or alteration of the structure, or its use, that establishes conformity shall also eliminate the legal nonconforming status of the land. Legal nonconforming uses located in structures specifically constructed or modified to suit only such uses are exempt from this provision and may be resumed if the structure has not been intentionally altered to serve other uses, used to house a permitted use, or used to house another nonconforming use with the approval of a special exception by the Board of Zoning Appeals as specified in this section.
(Ord. 121410, passed 1-11-2011)