The use of a building or land, or a building and land in combination, existing lawfully on the passage date of this Planning and Zoning Code, or any amendment thereto, but which does not conform to the use regulations of the district in which it is located, is a lawful nonconforming use. A nonconforming use may continue in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Alteration. No existing building or structure occupied by a nonconforming use shall be enlarged, reconstructed, moved, or structurally altered, except to change the use of such building or structure to a use that is permitted in such district.
(b) Extension. Any nonconforming use may be extended only throughout parts of a building which were manifestly arranged or designed for such use on the passage date of this Planning and Zoning Code or any amendment thereto, but no such use shall be extended to occupy any land outside such building.
(c) Substitution. A nonconforming use shall only be changed to a conforming use, except that, when no structural alterations are made, the Planning Commission may approve the substitution of another nonconforming use, provided the proposed nonconforming use is less in conflict with the character and intent of the zoning district in which the use is located and no more noxious to the district than the existing nonconforming use. In permitting such change, the Commission may impose appropriate conditions and safeguards to protect adjacent properties. Whenever a nonconforming use has been changed to a more restricted use, such use shall not thereafter be changed to a less restricted use.
(d) Resumption. Whenever a nonconforming use is replaced by a permitted use, such permitted use shall thereafter conform to the regulations for the district in which such use is located. Any nonconforming use shall not thereafter be resumed.
(Ord. 24-97. Passed 10-14-97.)
(e) Accessory, Incidental, or Subordinate Use. An accessory, incidental, or subordinate use, lawfully operating together with either a lawful principal use or a lawful nonconforming principal use, may continue in the district so long as it remains accessory, incidental, or subordinate to that principal use. Accessory, incidental, and subordinate uses may not be modified, expanded, relocated, or transferred unless such changes are made in full compliance with this Zoning Code.
(f) Discontinuance. When a nonconforming use of a lot, building, or structure, or of a building or structure and premises in combination, is discontinued or abandoned for a period of twelve consecutive months, the lot, building, or structure, or building or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations for the district in which it is located.
(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)