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 Building Occupied by a Nonconforming Use.
(1) No building or structure occupied by a nonconforming use shall be altered, improved or reconstructed except when the cumulative cost of the alteration, improvement or reconstruction does not exceed sixty percent (60%) of the building’s replacement value.
(2) As an exception to Section 1145.02(a)(1), if a dwelling containing a legal nonconforming single family or two-family land use located in an R1-A, R1-C, R2-F, GB or O zoning district is damaged or destroyed by any cause, those portions so destroyed or damaged may be restored to the original footprint and floor area of the dwelling subject to the conditions set forth in Section 1145.03(c).
(b) Expansion or Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, extended, or relocated to a part of the lot that was not occupied by the use at the time it became nonconforming. No additional structures shall be constructed in connection with such nonconforming use.
(c) Expansion or Relocation of Nonconforming Use of Structures. A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use, and no such building shall be enlarged or expanded to increase the nonconforming use.
(d) Change or Substitution of Use.
(1) A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless the Planning Commission, upon filing of a written request, 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 Planning Commission may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(2) Sale or transfer of nonconforming use, building, structure or lot. The sale or transfer of a legal nonconforming use, building, structure, or lot shall not affect the determination of the change of use status.
(e) Abandonment or Discontinuance of Use.
(1) The abandonment or discontinuance of a nonconforming use of a building, part of a building, lot or part of a lot for a continuous period of 180 days, or longer shall constitute voluntary abandonment or discontinuance of such use and thereafter any use of the premises shall conform to the applicable use regulations of this Zoning Code.
(2) Failure to bring the building, lot or part thereof into compliance with the current Code regulations shall constitute a violation of this Zoning Code.
(f) No new building or structure not conforming to the applicable requirements of this Zoning Code shall be created in connection with a nonconforming use of land.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)