If a lawful use involving individual structures, or if a structure and land use in combination, exist at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued subject to the following provisions.
(A) No existing structures devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, constructed, reconstructed, moved or structurally altered, except in changing the use to a use permitted in the district.
(B) A non-conforming use may be extended throughout any parts of the building which was arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy land outside such a building.
(C) (1) If no structural alterations are made, any non-conforming use of a structure and land, may upon appeal to the Board of Zoning Appeals be changed to another non-conforming use; provided that, the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use.
(2) In permitting such a change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this chapter.
(D) Any structure or combination of structure and land where a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not be resumed.
(E) When a non-conforming use of a structure or combination of structure and land is discontinued or abandoned for more than six months, the structure or structure and land combination, shall thereafter only be used in conformity with the regulations of the district in which it is located.
(F) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(2004 Code, § 7-105)