Where a lawful nonconforming use fails to meet the use requirements of the district in which it is located, the use may be continued so long as it remains otherwise lawful, provided:
(a) Any single-family dwelling existing in a residential district at the time such district became a nonresidential district shall have the same right that it had before the zone change until it ceases to be used as a single-family dwelling including the right to be sold or transferred.
(b) No such nonconforming use shall be enlarged or increased, nor extended to further encroach upon existing setbacks or occupy adjoining or separate parcels of land.
(c) Additional structures that do not conform to the requirements of this Code shall not be erected on parcels containing a nonconforming use.
(d) A nonconforming use may be extended throughout parts of a building which were manifestly arranged or designed for such use, provided, however, that no nonconforming use shall be extended to displace a conforming use.
(e) When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.
(f) If any nonconforming use, other than a single-family dwelling, ceases for any reason for a period of more than 12 months, any subsequent use shall conform to the regulations specified by this Code for the district in which such land is located.
(g)
Removal or destruction of the structure occupied by such nonconforming use shall eliminate the nonconforming status. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost. This section does not apply to residential structures covered by Section 1121.04(d)(l).
(h) No nonconforming use shall be changed to another nonconforming use unless the Planning Commission finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Planning Commission may impose appropriate conditions to lessen or minimize the impact of the nonconforming use. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)