(A) A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building than was occupied at the effective date of adoption or amendment of this Zoning Code.
(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 one year, any subsequent use shall conform to the requirements of this Code. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, 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 building or structure containing a nonconforming use, other than a single-family detached dwelling, which is damaged by explosion, fire, flood, wind or other Act of God to the extent of 50% or more of its replacement value immediately prior to damage, shall not be reestablished except in conformance with the requirements of this Zoning Code, unless an exception is granted by the Board of Zoning Appeals in accordance with division (E) of this section. In the event that the Zoning Administrator's estimate of the extent of damage or replacement value is not acceptable to the property owner or applicant for a zoning permit to repair or reconstruct the building or structure, the applicant may appeal to the Board of Zoning Appeals.
(E) The Board of Zoning Appeals may permit a building containing a nonconforming use to be enlarged, provided that the Board finds that all of the following are true:
(1) The enlargement is necessary and incidental to the existing use of the building.
(2) The enlargement conforms to the height, yard and area requirements of the zoning district in which it is located.
(3) The enlargement does not prevent the future use of the structure for a conforming use.
(4) The enlargement is not detrimental to present and potential surrounding uses, will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the health, safety and general welfare of the residents of the city.
(F) A detached single-family residential dwelling that is nonconforming because it is in a business, industrial or other district where it is now disallowed shall be considered conditionally permitted, and it may be enlarged, extended or structurally altered, provided that it meets the requirements for a single-family dwelling in the C District. If the dwelling is damaged by explosion, fire, flood, wind or other Act of God to the extent of 50% or more of its replacement value immediately prior to damage, it may be reconstructed, provided that no nonconformity is increased and no new nonconformity is created.
(G) Any change to a nonconforming use may only be toward bringing the use into conformance; however, a nonconforming use may be changed to another nonconforming use provided all of the following determinations are made by the Board of Zoning Appeals:
(1) The proposed use shall be as compatible, or more compatible, with the surrounding
neighborhood than the previous nonconforming use, considering factors such as hours of operation, traffic, noise 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 Zoning Code.
(Res. 21-1165, passed 7-20-21)