The uses of land and/or structures that were both in existence and in compliance with all land use and other laws on the date of passage of these regulations, and, further, that do not conform to the use regulations set forth in this chapter, shall be deemed to be legal, preexisting nonconforming uses that may be continued subject to the following provisions:
(A) No legal, pre-existing nonconforming use of land and/or structure may be enlarged, moved or otherwise changed, except that such use may be changed to permitted use, unless a variance from the terms of the ordinance is obtained from the Board.
(B) A legal, pre-existing nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use but shall not be expanded to occupy any parts of such building that were not so arranged or designed or any land outside such building.
(C) Any land, structure, or land and structure in combination, on or in which a legal, preexisting nonconforming use is superseded by a permitted use, may thereafter only be put to a permitted use and the nonconforming use may not thereafter be resumed.
(D) When a legal, pre-existing nonconforming use of land, structure, or land and structure in combination, is discontinued or abandoned for six consecutive months, the land, structure, or land and structure in combination, may thereafter only be put to a permitted use and the nonconforming use may not thereafter be resumed.
(E) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(F) Normal maintenance and repair of a building or structure containing a nonconforming use may be performed, provided there is no physical change to the building or structure (such as, design, size, location and the like) and such maintenance or repair does not extend or intensify the nonconforming use, unless otherwise authorized by this chapter.
(G) Any legal, pre-existing nonconforming use shall continue or unless modified or terminated as herein provided. Such use may be sold, inherited, or otherwise transferred, provided the use, land and structure (if any) remain the same.
(H) These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)