A. Expansion. A nonconforming use of a structure or land cannot be expanded, extended, enlarged, added to or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted to a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any other structure, any portion of the floor area, or any land area currently not occupied by such nonconforming use.
B. Relocation. A nonconforming use of a structure or land cannot be relocated, in whole or in part, to any other structure or location on the same lot. The nonconforming use may be relocated to another structure or lot only if the use conforms to all regulations of the zoning district where it is to be relocated.
C. Change of Use. A nonconforming use can only be changed to a use allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the district. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. In addition, any change in use to a use prohibited by the provisions of this Chapter is deemed to be an abandonment of the previously existing nonconforming use.
D. Abandonment.
1. If a nonconforming use is voluntarily discontinued with an intent not to reestablish the use, such discontinuance shall constitute prima facie evidence that the nonconforming use as been abandoned, and the nonconforming use shall be terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. Abandonment of a nonconforming use may be established by any positive act indicating such intent, any conscious failure to take necessary measures to resume the nonconforming use, or the discontinuance of the use for the time periods set forth in this Section.
2. If a nonconforming use is discontinued for the time periods in this section, such discontinuance constitutes prima facie evidence that the nonconforming use has been abandoned, and the nonconforming use must be terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located.
3. A period of discontinuance caused by acts of god are not included in calculating the length of discontinuance or abandonment for this section.
4. When a nonconforming use is offered for sale, such sale period is not included in calculating the length of discontinuance for this section so long as all equipment, building design, and similar use infrastructure is maintained in working condition during the sale period. However, when land upon which a nonconforming use is located is offered for sale, but the nonconforming use is not also offered for sale, such sale constitutes prima facie evidence of abandonment of the nonconforming use and the period will be included in calculating the length of discontinuance.
5. The following periods of discontinuance constitute abandonment:
a. Nonconforming use within an enclosed structure. Discontinued or abandoned for 24 months.
b. Nonconforming use on a lot, no structures. Discontinued or abandoned for 90 consecutive days or for a total of six months during any one-year period.
E. Damage or Destruction.
1. In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be reestablished provided that no new nonconformities are created and the degree of the previous nonconformity is not increased.
2. If the structure containing the nonconforming use is a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 15.1304.
3. However, if a building permit is not obtained within one year of the date of damage or destruction, then the nonconforming use may not be reestablished unless it conforms to all regulations of the zoning district in which it is located, including use. This time period to obtain a building permit may be extended based on evidence showing good reason for the delay.
4. This section does not apply to large stables, which are controlled by Section 15.1303.
(Ord. 885, passed 11-21-2023)