A non-conforming use is one that is restricted to an area that was non-conforming at the time this subchapter was enacted or amended, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this subchapter 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 except as otherwise provided herein.
(B) Any non-conforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this subchapter, but no such use shall be extended to occupy any land outside such building.
(C) If no structural alterations are made, any non-conforming use of a structure, or of a structure and premises may be changed to another non-conforming use provided that the Planning Commission, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with the purpose and intent of this subchapter.
(D) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations applicable to the district in which such structure is located, and the non-conforming use may not thereafter be resumed.
(E) When a non-conforming use of a structure, or of a structure and premises in combination, is discontinued or ceases to exist for 12 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(F) Where non-conforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the non-conforming status of the land.
(Prior Code, § 1284.01) (Ord. passed 11-12-2009)