Any otherwise lawful use existing on the effective date of this chapter which would not be allowed under the terms of this chapter may lawfully continue, subject to the following provisions. Dwelling units are not subject to these provisions, and may lawfully remain.
(A) Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.
(B) Expansion of use. No nonconforming use shall be expanded so as to occupy a larger portion of the structure or lot than was occupied on the effective date of this chapter.
(C) Change of use. A nonconforming use shall not be changed except to a use permitted under the applicable district regulations.
(D) Relocation. No nonconforming use shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.
(E) Abandonment.
(1) Nonconformities shall not thereafter be used except in conformity with the regulations of the district in which it is located when, as declared by the Zoning Board of Appeals, the nonconforming use is abandoned for at least 45 days. Nonconformities shall be declared abandoned when the Zoning Board of Appeals determines that there exists substantive evidence that the nonconforming user permanently intends to discontinue the nonconformance. Such evidence may include, but not be limited to, oral and/or written statements by the nonconforming user avowing such intent, or permanent departure of the nonconforming user from the location of the nonconformity without evidence intent to sell, lease, or transfer deed.
(2) The Zoning Administrator shall notify the Zoning Board of Appeals of the declaration of abandonment and present evidence support that declaration. The Zoning Board of Appeals shall either affirm or nullify the declaration based on the evidence presented. If the declaration is affirmed, the date of declaration will remain that originally entered by the Zoning Administrator.
(F) Sale or transfer of use. A nonconforming use shall not be prohibited with the sale or transfer of deeds if the nonconforming use is sustained.
(Ord. O-2014-06, passed 8-11-14)