(a) The following special provisions shall apply to the nonconforming use of buildings or structures:
(1) Currently existing nonconforming uses of any structure may be extended throughout that portion thereof that was obviously designed and intended for such use.
(2) Consistent with the overall goal of minimizing the impact of nonconforming uses within the City, the Board of Zoning Appeals may grant a Use Variance permitting a nonconforming use of a building or structure in existence at the time that this section is passed to be changed to another nonconforming use or may add up to one (1) nonconforming use, if the following conditions are met.
A. When compared with the current use, the proposed change in use or additional use must in the aggregate result in th same or less intense use of the property, based on issued including but not limited to the proposed hours of operation, traffic volume, noise, odor, and parking requirements; and
B. The proposed use must not negatively impact the surrounding area or residents.
C. Any proposed exterior alterations must positively impact the surrounding area and nearby properties.
(3) When a structure, the use of which is nonconforming, has been damaged by explosion, fire, act of God, or other uncontrollable means to the extent of more than sixty percent (60%) of the structure, it shall not be restored or reconstructed except with the approval of the City. Such restoration or reconstruction shall be in conformity with the otherwise applicable requirements and regulations of this Zoning Code.
(Ord. 42-2012. Passed 3-6-12.)