(a) Substitution of Uses. A legal, non-conforming use of a building may be changed to another non-conforming use of the same or a less intensive and more restricted type or classification, as approved by the Board of Zoning and Building Appeals. The Board of Zoning and Building Appeals shall not authorize a change or substitution of use unless it determines that the proposed use is more appropriate to the applicable zoning district than the existing non- conforming use and that the proposed use is less in conflict with the character of the uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such a change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code. Violations of any conditions and/or safeguards prescribed by the Board of Zoning and Building Appeals shall be deemed a violation of this Zoning Code. Whenever a non-conforming use has been changed to a less intensive use under this subsection, such use shall not thereafter be changed to a more intensive non-conforming use.
(b) Abandonment. A legal, non-conforming use may be continued as long as it remains otherwise lawful, provided, however, that if any legal non-conforming use of land ceases for any reason, for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located. When a legal, non-conforming use is replaced by a permitted use under terms of this Zoning Code, such permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
(c) Expansion of Area of Use. Subject to approval of the Board of Zoning and Building Appeals, a legal non-conforming use may be extended, enlarged or altered so as to permit additions to such structure or land for the purpose of continuing the same non-conforming use as that carried on in such structure or on such land sought be to extended, enlarged or altered, provided, however, that no such extension, enlargement, alteration or addition shall exceed twenty-five percent of the existing square feet of such structure, or square feet of such land area, and provided further that only one such extension, enlargement, alteration or addition involving the same premises shall ever be permitted.
(d) Additional Structures. The existence of a non-conforming use shall not be grounds for the establishment of additional structures not otherwise permitted in the district in which the non-conformity is located, except that the owner of a non-conforming single-family residential use may construct an accessory structure relating to the residential use that conforms to the size limitations and other requirements for accessory structures in Section 1296.03.
(e) Completion. Any use for which zoning approval has been issued prior to the adoption of this Zoning Code or subsequent amendments, and which, when established, would not conform to the provisions of this Zoning Code for the district in which it is located, may be established and maintained as a non-conforming use provided that the use is established within twelve months after the date of approval.
(Ord. 104-2010. Passed 11-22-10.)