(a) Any use lawfully existing prior to the effective date of this Zoning Code (Ordinance 1953-29, passed June 1, 1953) or any use within a district changed by amendment to this Zoning Code may be allowed or continued although the use does not conform to the new regulations of the district in which it is located.
(b) Expansion of Use. No nonconforming use of a building, structure or land shall hereafter be expanded, enlarged or increased in intensity, provided however that a nonconforming use may be extended throughout those parts of the building which were manifestly arranged or designed for such use prior to the effective date of this Zoning Code (Ordinance 1953-29, passed June 1, 1953) or to the enactment of subsequent amendments to this Zoning Code if no structural alterations except those required by law or ordinance are made therein.
(c) Change in Use.
(1) A nonconforming use may be changed to a use conforming with the regulations established for the district in which the nonconforming use is located, provided, however, that a nonconforming use so changed shall not in the future be changed back to a nonconforming use.
(2) A nonconforming use may be changed to another nonconforming use, provided the Board of Zoning Appeals determines that the new use is more consistent with the spirit of the Zoning Code, the neighborhood, and the City's Master Plan.
(3) A change in ownership or occupancy of the same use shall not in itself constitute a change in use.
(d) Moving. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of the Planning and Zoning Code.
(e) Damage or Destruction. When a building or structure occupied by a nonconforming use is damaged, destroyed or removed by more than 50 percent of its replacement value, by whatever cause, such building or structure shall not be reconstructed, restored or replaced, except by a conforming building, structure or use.
(f) Abandonment. A nonconforming use shall be considered abandoned when the intent of the owner to discontinue the use for at least six months is apparent, when the use has been replaced by a conforming use or when the characteristic equipment and furnishings of the nonconforming use of a building, structure or premises has been changed to a more restricted use.
(1) Intent to resume operation or use shall not affect this provision.
(2) Reuse of such land or building shall thereafter conform to all regulations for the district, and any nonconforming use shall not be resumed.
(Ord. 2021-4. Passed 1-25-21.)